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HomeMy WebLinkAbout487267 TIP STRATEGIES INC - PURCHASE ORDER - 9125448City of Fort Collins Date: 10/12/2012 Vendor: 487267 TIP STRATEGIES INC 106 E 6TH ST STE 550 AUSTIN Texas 78701 PURCHASE ORDER PO Number Page 9125448 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 10/12/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Benchmarking for Incentives St 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 1 LOT LS 7,500,00 Total 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 1. COMMERCIALDETAILS. Tax exemptions. By stable the City of Fort Collier is exempt from sale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref Colorado Revised Surfaces 1993, Chapter 39-26, 114 (a). Goods Rejemed. GOODS REJECTED due as feilme to meet specifications, either when shipped or due m defects of damage in taunt, may be resumed to you for credit and am not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS ere subject to the City arrant Collins indication on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhonaed payment an the pan of the City of Pon Collins. However, it is to be understood that FWAL ACCEPTANCE is dependent an camplmion of all applicable required inspection pppr ed.,as. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, tames. otherwise specified on this order. If permission is given to prepay ffei,ln and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. White manufacturers have distributor, points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are mode from greater distance. Permits. Seller shall pmcme at sellers sole rest all necessary permits, certificatas and licenses required by all applicable laws, mplano., ordinances and ales of the state, municipality, primary or political subdivision when the work is performed. or required by any other duly ransomed public authonry having jurisdiction over the work of vendor. Seller dune, agrees to hold the City of Fort Collins hammleas form end against IN liability aad loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles .ad rrequirements. Authorization. All parties to this contract agree that the representatives art, in fact, bona fide and possess bill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance fro flue corms and conditions stated here. set fact and any supplementary or additional tears and conditions annexed herein or incorporated herein by refererne. Any addition,] or different temps and conditions proposed by seller are objeced to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you copper make romplate shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfomance must be effected within the time stated on the purchase order and the documents attached hereto. No .,is of the P... boxers including, widsout limitation, acceptance of partial late deliveries, shall operate re a waiver of this provision. in the event ofany delay, fie Purchase shill havq in addition to amber legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sal er liable for damage, However, the Seller shall not be liable far damages as a result of delays due to causes or reasonably fin a parable which are beyond its reasonable control and withom its fault of re,ligrnce, such acts of God, acts of civil or military authodlles, gw rmmemal pdadties, fines, srikes. Bond, epidemics, wars or riots provided that notice of fire conditions musing such delay is given to rise 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 delivery shall be extended for the period equal to the time actually last by reason offm delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, ampbs and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care und mmpctcnce in accordance with accepted standards for work of a similar mate. The Seller agrees to hold fire purchaser harmless from any Its, damage or expense which the Purchaser may suffer or inet on account of fie Sellers breach ofwartanry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults Insist within one (I) year or within such longer period of time as Jr., be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the foods tumbled hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or ..[.data Famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute I waiver of any claim under this warranty. Except. Worwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gnamntar, , but such liability shall h, no even[ include loss of profits 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 legal terms by when change oMer 5. CHANGES IN COMMERCIAL TERMS. The Purchaser rimy make my changes to the perdu, other than legal ears, including additions to or deletions from the quantities originally ordered in the aecifcummu or do win,a, by verbal or wrimen change order. If any such change affect; the amount due or fie time ofperfomunce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of rise goods then not shipped, subject to any equitable adjustment between the panics as to any work or mamaials then in progress provided that the Purchaser shall not be liable for va, cloims far anticipated profits on the uncompleted portion of lie goads odl., walk, far incidental or consequential damages, and [ha[ no such adjusmrent be made in to,., of the Salter with perfect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchasrr or the Seller of any of their obligations to to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days from the date the change or Nardrtion is ordered. S. COMPLIANCE WITH LAW. The Seller warants toot all goods sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and regulation to which dun goods ate abject, The Seller shall execute and deliver such documents . nay be required fro lien or evidence compliance. All laws and regulations required to be temp oaded in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess tam all costs and damages suffered by to Purchaser as a retch of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, dens&r, or convey this order, or any monies due or become due hereunder without the prior wriuen consent of the other parry. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser far all equipment, mmerials, and items finished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of o0ers. I I. NON WAIVER. Failure of the Purchuer to insist upon strict performance of the terms end camirions heneaft fail. or delay to examise any rights or remedies provided herein or by law, failure 0 promptly purify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval ofdre design, shall not release the Seller of my of the warrmmies ad obligations of this purchase order and shall not b< deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as ter any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my pu porh d oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations pre in fact home by the Purchase,. Theretofore, for good came and as consideration for exacting fits purchase order, the Seller hereby assigns to fie Purchaser any and all claims it may now have or hereu rr acquired under federal or state antimpat Incas for such overcharges rdatimg to the ponicular goods ar services Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming at defective goods by a date to be agreed upon by the Purchaser and the Seller, ,rid the Seiler thereafter indicates its inability or unwillingness to comply, the Purchuer may cause the work to be performed by the most expeditious means available to its Ind the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the perfarmmce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such parry. The Sellers contmcmal obligations, including woraaty, shall rim be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchuer. 14, PATENTS. Whenever tla Seller is required to use any design, device, material or process covered by letter, patent, trademark copyright, the Seller shall indemnify and save handless the Purchaser from any and all claims for infringement by reason of robe use of such patented design, device, mutant[ or process in connection with the contract, and shall indentify the Pnrchascr for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosccation or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in suer suit held to constitute infringement and the use of said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either pwear a for the Purchaser the right fro continue in, said equipment or parts, partisan the same with substantially equal but noninPo'nging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If die Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or srusae for any of We Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of farms reed or the interpretation of fhe agreement and the rights of all pastures hereunder shall be construed under and governed by the laws of the Safe ofColomdo, USA. The following Additional Conditions apply only in cases where rue Seller is in perform work hereunder, including the services of Sellers Represenative(s), an the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said wed: at Sell,,', own risk can the sane is fully completed and accepted, and shall, in c of any accident, destruction or injury to the work atVor materials before Seller's final mon,lefion and no ... p rim, complete the work at Sellers own expense and to the satisfaction crib. Purchase, When materials and equipment are fmished 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 fmishad by the Seller under the order. IS. INSURANCE. The Seller shall, at his War expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the work covered by this puorhase order, andtop W their dependents in accordance with the laws of the sure in which the work is m be done. The Seller shall also carry compmhetssive general liability including, but not limited to, emccoural and cmamobile public liability insurance with bodily injury and death limits of at hart S300,000 fir any one parom, S500,000 for any accident end papery damage limit per accident of S400,000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contractors amfloyees shall do any work upon the premises of.theia, the Seller shill famish the Patches,, with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompensrtion and insurance have been provided. Such certificates shall specify the 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. PROTEC NON AGAINS r ACCIDENTS AND DAMAGES. The Seller hereby.,ame. the entire responsibility and liabil ily for try and all damage, lass or injury of any kind or nature whatsoever to persons or property tamed by or resulting from the exm tad ofthe work provided farm this purchase order or in connection herewith. The Seller will indemnify Ind hold handless the Purchaser and any or all of the Purchacrs oMae.. agents and employees from and uloinat try .rid all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons of property to which the Purchuer may be put or subject by percent of my act action, neglect, omission or defulf oa the an of the Seller any of Iris contractors, o any of die Sellers .1 contractors officers, agents .1 employees. In case any suit or other proceedings shall be, brought against the Purchmer, or its officers, agents aeemployees at any time on account or by reran of any an, action, neglect, omission or detach of the Seller of my of his contractors or any of its or their oMae., agc it, or employees as aforesaid, the Salle hereby agrees we assume the defence therm( and to defend the some at the Sellers own expense, to pay my and all costs, charges, attorneys firs and offer expenses, any and all judgments that may be incurred by or obtained against due Purchaser or any of its or their olfrcrs, agents or employees in such suits or oMer proceedings, and in case judgment or ome, lien be placed upon or obtained against the property of the Purchaser, or said parties in or. a result ofsuch suits or other proceedings, the Seller will err once cause the same to be dissolved end discharged by giving band ar otherwise. The Seller and his contractors shall take all safety precaution, finish and instill all guards necessary for the prevention of accidents, comply with .11 laws and regulmlom wish regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03I2010