Loading...
HomeMy WebLinkAbout503377 VISION INTERNET PROVIDERS INC - PURCHASE ORDER - 9123991Fort Collins PURCHASE ORDER Date: 07/13/2012 Vendor: 503377 VISION INTERNET PROVIDERS INC PO BOX 251588 LOS ANGELES California 90025 PO Number Page 9123991 1of3 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 07/12/2012 Buyer: ED BONNETTE Note: PER 7365 PFA WEBSITE DESIGN CONTRACT. Line Description Quantity Ordered UOM Unit Price Extended Price 1 Stage 1: Vision Stage 1 LOT LS 5,515.00 Per 7365 Website Design 2 Stage 2: Concept Stage 1 LOT LS 5,515.00 Per 7365 Website Design 3 Stage 3: Design Stage 1 LOT LS 16,545.00 Per 7365 Website Design 4 Stage 4: Development Stage 1 LOT LS 13,787.50 Per 7365 Website Design s Stage 5&6: QA,Launch,Host Wr 1 LOT LS 13,787.50 Per 7365 Website Design 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 City of Fort Collins PURCHASE ORDER t3. o'rt�:9-ems 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 PO Number Page 9123991 2of3 This number must appear on all invoices, packing slips and labels. Total Invoice Address: City of Fort Collins 150.00 Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from state and leeal taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federzl Excise Tax Exemption Cenifcam of Registry 84-600058y 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. Calomdo 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 me event of a breach, the acceptance ofof payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIEC rED due to failure to meet sped frolic., either when slopped or due to defects of any a f the warranties or obligations of this purchase order and shall not be dcrond a waiver of any right of the damage in transit, may be returned to you for credit and art not to be replaced except upon m1eq, of winner purchoserm insist uponstrictperfomsance hereoforanyofies rights ormo edirs as to anysuch goods, regardless instructions from me City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any porponed oral modification On rescission of Ibis purchase order by the Pu nbaser Penn, as is waiver of any of or, mots Inspection. GOODS arc subject a the City of Fan Collins inspection on found. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12.ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the put of the City of Four Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual commormin practice, overcharges resulting from antitrust ACCEPTANCE k dependent upon completion ofell applicable required inspection procedures. violations are in fact home 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 Fmiglu Temu. Shipments most bar F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges nelmm, to the po ticulor goods or services whnwiu specified an this order. Ifpcomartions is giver m prepay freight and charge separately, the original freight purchased ar acquired by the Purchaser pursuant to this purchase when. bill most accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have dislocating points in various pans of the country, shipment is If the Purchase, diretls One Seller to correct nonconforming or defective goods by a date to be agreed upon by tire expected from the moment distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness io comply, the Purchaser shipments arc made from greater distance. may cause the work no be performed by the most expeditious .,.as available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all neceamry permits, cerficmn and licenses required by all applicable laws, regulations. ordinances and mles of the state, municipality, mmlory or political snhlivision where the work is performed, or required by any .,her Only constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless Gam 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 mc,airemenrs. Authorization. All panics to Nis contract ague that the rmmemaitifye, are, in fact, born fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order .....ashy limits acceptance to the temu and conditions stated herein set torn and any supplementary or additional teams and conditions annexed hereto or incarperamd herein by reference. Any additional or different trams and conditions proposed by seller mer objected an and hereby Jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immzdiately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance must be entitled within the time stated an the purchase We, and the documents attached hereto. No acts of the Purchasers including, without limitation, receptor,, ofpartiol late deliveries, shall opemte as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addilion to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable for dame,,, we a result ofdelays due to causes not reasonably foreseeable which are beyond its reasonable wntml and without its mutt of negligence, such fen ofGod,acu ofeivil or military, outhimums, mineteal priorities, fires, stokes. Rood, epidemic, wan or sots provided that notice of the conditions causing such delay is given to the Patchett, within Five (5) days of me time when the Seller first received knowledge thereof. In the event of any such delay, the doe of delivery shall be extended far me period equal to me time actually but by moon of the delay. 3. WARRANTY. The Seller warrmn mar all goods, articles, materials and work covered by this order will eonform 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 a similar cou re. The Seller agrees to hold the purchaser harmless from any loss, damage or arpmse which the Pufchasm may sinter or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, vtry defecu of faults arising within one (I) yea, or within such longer period of time as may be prescribed by law or by the temp of any applicable wormuty provided by the Seller once the date of acceptance of the goods tarnished hereunder (acceptance nor rut be unreasonably delayed), resulting from imperf t or defective work done or mamdals Nmhhed by the Seller. Acceptance or use of goods by Has Purchaser shall net consul a waiver of any claim under this wananry. Except a omerwfx provided in this purchase odic, the Sell,. liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranti¢ or guarantees, but such liability shall in no event ivdude lass ofpmfits or loss of use. NO BLPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make clang,, to legal tenors by cocoon chm,e ore,. 5. CHANGES IN COMMERCIAL TERMS. Nor Purchaser may make any chagges to the mums, other than legal temss, including addition to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change clients the amount due or the Gore ofperfomrana hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puchser may at any time by written change order, temrinam iris agreement as to any or all Potions of the goods then not shipped, subject to any equitable adjustmm, between the panics as to any work or material, then in progress provided Nat the Poorhouse, shall not be liable for any claims for anticipated profits on me 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 me Sellers standard clock. No such mmtimoion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted wihin thirty (30) days from the date me change o, temrination is agemd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishnd in swim compliance with all applicable laws and regulations rut which she gaads am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulaians required to be incorpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase, hemtess tom all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply will) such law. 9. ASSIGNMENT. Neither parry shall assi,a, fi nsfeq or campy this order, or any monies due or to become due hereunder without the prim wnam consent of the rime, pmry. 10, TITLE. The Seller warrants fall, dear and unrexMaed mle,o the Purchaser for al I equipment materials, and items f ished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest mmordsanccs and claims ofathers. The Seller shall release the Purchase, and its cor mm us of any tie, from all liability and claims of any nature resulting Ram the performance attach work. This release shall apply even in the event of fenh of negligence of the party relented and shall extend so the diremors, affects and employees fsuch parry. The Seller's contractual obligations, including wvrr uty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be unforced by the Purchaser. 14. PATENTS. Whenevefthe Seller is required to use any design, device, material orprocesa covered by ]error, patent, trademark r wpyd,hl, the Seller shall indemnify and save harmless the Furchuc, form any and al I claims for infringement by reason or me use of such pseemed design, device, material or process in connection with the mnlracL and shall indemnify the Purchaser for any cast, expenu or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such of held to constimm infringement and the use of said equipment or an is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser We right to continue ruing said equipment or pans, replace It, sine with substantially equal but noninfringing equipment, or modify it so it becomes mninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmfpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property of business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used ."he iro rmetation of,he agreement and the rights ofall parties hemunder shall be consaued under and ,.vaned by the taus of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scrviers of Sellers Reprica n ecive(s), on the premises craniums. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own risk until the same is Polly 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 Sellers own expense and to the satisfaction of the Purchaser. When materials fad equipment are fished by will far installation or ration. by the Seller, the Sella, shall receive, uraad, store and faradic same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expmue, provide for the payment ofwo,kc. compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, melon to their dependents in acmrance with clot laws of me store in which the work is to be done. The Seller shall also can, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dead, limits of at least 530,000 far any one person, 5500,000 for any arm critical and properly damage limit per accident of 5400,". The Seller shall likewise require has contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon me pemises of others, the Seller shall Pomish the Purchaser with a cenificom that such compensation and issuance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such eedificztn shall specify she date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller lamely assumes the entire mt,modilry and liability for any and all do of, less or injury o f any kind aromatic wl am err, m persos or property corned by or resulling form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess me Purchaser and any or all of the Purchasers fcurs, agents and employees form and against any and all claims, losses, damages, changes or expenses, whether direct or fts irerL and whether to persons or property, to which me Purchase, may be put or subject by mount of any act, notion, 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 cox fury suit or other proceedings shall he brought against me Purthmeo or its officers, agents or employees at any time on account or by main of any act, Galion, negleof omission or default of me Seller of any of his contractors or any or its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mote at the Sellers awn expense, to pay any and old costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Pmchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of me Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause me same no be dissolved and discharged by giving bond or otherwise. The Sol let and his contractors shall take all safety pmemSm s, famish and install all guars necessary for the prevention of widens, comply with all lavers and regulations with mgor to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant merto. Revised 03,2010