HomeMy WebLinkAbout179020 AGILENT TECHNOLOGIES INC - PURCHASE ORDER - 9133582City of
�,.For_t Collins
Date: 07/11/2013
PURCHASE ORDER
PO Number Page
9133582 1of3
This number must appear
on all invoices, packing
slips and labels.
Vendor: 179020 Ship To: WATER QUALITY LAB
AGILENT TECHNOLOGIES INC CITY OF FORT COLLINS
NORTH AMERICAN CUSTOMER CONTACT CEN 4316 W LAPORTE
2850 CENTERVILLE RD BU3-2 FORT COLLINS Colorado 80521
WILMINGTON Delaware 19808-1610
Delivery Date: 07/10/2013 Buyer: ED BONNETTE
Note: PER AGILENT QUOTATION #US-LC-CITYOF-223796 FROM LARRY CRAWFORD
TO KEITH ELMUND; CITY CONTACT #(970)221-6691.
COVERAGE PERIOD: 1-SEP-2013 TO 31-AUG-2014
QUOTATION DATE 2-JUL-2013
NOTE: CITY PAYMENT TERMS ARE NET 30 DAYS FROM DATE OF INVOICE.
YOU SHOULD ALREADY HAVE A TAX EXEMPT CERTIFICATE ON FILE FOR CITY
OF FORT COLLINS, COLORADO. IF YOU DON'T, CONTACT PURCHASING AT
(970)221-6775. THANKS!
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 MAINTENANCE CONTRACTS 1 LOT LS 1,202.67
2013-2014 SSUF-304305823 MSD
2 MAINTENANCE CONTRACTS 1 LOT LS 7,404.00
2013-2014 GCMS-1 5973 TURBO
3 MAINTENANCE CONTRACTS 1 LOT LS 9,916.77
2013-2014 GCMS- 5975 TURBO SYS
4 MAINTENANCE CONTRACTS 1 LOT LS 9,990.19
2013-2014 ICPMS 7700 SYSTEM
I
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul 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
City of
Fort Collins
PURCHASE ORDER
PO Number Page
9133582 2of3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
Total
Invoice Address:
$28,513.63
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exehrturs, By statute file Cry of Fort Collins s exempt front stateand hxalfoxes, O Exemption Number is 11 NONWAIVER.
98-04502 Federal Est T Exemption C T ttcanleeof Regi ary 84 6000587 n fi,i,tdrad with the Cullechn of Vidarra if he Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sunow, 1973, Chapter 39-26, 114 (a). exercise any rights n, mmedies roval heron or by low, lm lure to promptly notify flat Seller in the event of a
breach, the acceptance of or payn¢nt for goads hereunder or approval of the design, had not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchaseorderand shall not be deemed a waiver of my right of the
damage in transit, may be rammed to you for credit and are not in be replaced except upon receipt of written purchaser m insist upon sUib performance harmf or any of its rights or remalies as to any such Coach, regardless
instructions from the City of Too Collins. Or when shipPN, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral moth licmmn or ¢suomn Of this ptucbase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS me subject to the City of Fort Collins inspection on wriml. hereof.
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order c: rchop in 12. ASSIG Nor EN' I' OF A N'1'11RUS I' CLA IMS.
authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in armal at file prractice, overcharges resulting from amir of
ACCEPTANCE is dependent upon completion droll applicable required inspection proceduresviolations are in fact home by the Purchaser. lheremlbre, far .it time and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser may and all claims it may now have or hereafter
Freigln Terms. Shipment most be ROM, City of Fort Collins, 700 Word St_ Pon Collins, CO S0522. unless acquired under federal oramitrvst laws for such overcharges relating to the particular goods or services
otherwise specified on this oadd,. lfpetmission is given to prepay freight and charge separately, the original freight purchased or acquired bythe Purchaser pursuant to this purchase order.
bill must accompany board. Additional charges far packing will not Ira accepted.
13. PURCI IASF,RS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where purnifianthers have distributing points in various pans of the country. shipment i. If the Purchaser directs the Seller to correct nonconforming or defective goods by a to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, the the of thrombin indicates its m iliry or unwillingness to comply, the Purchaser
shipments are made farm grea.r dismnce. may cause the work to be Performed by the most expedldous mean, mailable to if and the Seller shall any all
oust associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the note, municipality, temtory or political srdshcosom where
the work is performed, or required by any older duly constituted public authority having jurisliction over the work
of vendor. Seller fuller agrees to hold the City of Fort Collins harnless tram and against all liability and loss
incurred by them by reason of an external or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization All parties to this contract agree that the representatives are, in feet bona fide find possess poll and
complete amhodry to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limit acceptance fo the union and condition, stated
herein set forth and any supplementary or additional team and conditions annexed hereto or incorporated heroin by
reference. Any additional or different term and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immNimely if you cannot make complete shipment to arrive on your
promised delivery date as mint Time is of the essence. Delivery ail performance most M abroad within the time
smtd on the purchase order and the documents antschd hereto. No act of the Purchaser including, %][hour
limitation, acceptance of partial late deliveries, shall operate as a waiver m this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not no liable for damages as a resell of delays
due to causes not rmwnably foreseeable which are beyond its r...bit control and without its fuel[ of negligence,
such ace of God, art ofeivil or military authorities, govemmenul prionfies, fires, strikes, Rood, epidemics, wars or
not provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
hard when the Seller first received knowledge thenof. In the event of any such delay, the date of delivery shall be
extended for the pend equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrant but all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will M fit par the purposes nuanced, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees . hold the purchaser hapless farm anv loss, damage or expense which the
Purehmer may sufT or incur on account of the Sellers breach of warranty. The Seller shall caphce, repair or make
good, without cost to be purchaser, any defect or faults arising within one (I) year or within such longer penal of
time as may be presented by law or by the tames crazy applicable., provided by the Seller after the data of
acceptance of the goods fumishnd hereunder (acceptance not to bed unreasonably delayed), resulting from imperfent
or defcetive work done or materials f eau shd by the Seller. Acceptance or use of goods by the Purchase, shall not
constitute a waiver of any claim under this w ly. Except as otherwise prodded in this purchae, odes, the Sellers
liability hereunder shall exrtntl to all damages proximately amused by the breach of any of the foregoing wwram .ies
or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser tray make changes m legal terries by firmen change order.
5. CHANGES IN COMMERCIAL IERMS.
The Purchaser may make any changes. the term;, other than legal It—, including additions to or delerions from
the quantities originally widened in the spsuflea iom or drawings, by verbal or women change order. it any such
change aRect be amount due or the time ofperf maned hereunder, an equitable adjustment shall Its, 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 equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not b, liable for any claims for anticipated profits on the unmanplead
portion of the goods ardor work, for incidental of Consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any gooh6 which arc the Sellers standard stock. No such lamination dull relieve
the Robe tson or the Seller crony of their obligations as to any Rands delivered hereunder.
I. CLAIMS FOR ADJUSTMENT'.
Any claim for adjustment hour be asserted within marry (30) days from the daft the change or lamination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and farrai ftd in strict
ompliance with all applicable laws and regulaions to which the goods are subject The Seller shall execute and
deliver such document as may be required. eRcct or evidence compliance. All laws and regulations required. be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold the Purchaser harmless firm all row and damages suffered by the Purchaser as a result price
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, vansfer, or cam'ey this order, or any manias due or. became due hereunder without the
prior written consent Of the Other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title m the Purchaser For all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, fitoratlons, reservations, security interest
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting farm the performance ofsuch %ark.
I his release shall apply even in the sent of fault of negligence of the party releauN and shall extend to the
mare hoz,oR<es and employees ofsuch Party.
fie Seller's contractual obligations, including warranty, shall not he deemed to he reduced, in any way, because
such work is pecfmmed or caused to be Pcrfnmhed by the Purchaser.
14. PATENTS.
Whenever the Seller is requird to use any design, device, material or prmess covered by lather, patent trademark
cur copyright, the Seller shall indemnify and save fi nnlas the Purchaser firm any and all claims for infringement
by reason of the on, of such p tamed design, device. material or process in connection with the contract, and
shall indemnify the Purchaser for any cost expense or damage wbich it may be obliged to pay by reason of such
infnngemrnt at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereofor the intended use of the goods, is in such suit held . constitute infringement and the hear of
said equipment or pan is enjoiad, the Seller shall, al it own asperse and at is option, either procure for the
Purchaser the Hight to continue using said equipment or parts, replace Ira same with substantially equal but
noninlnnging equipment, ar fit it an it becomes noninfinglng.
15. INSOLVENCY.
If the Seller shill become insolvent or bankmpt. make an assignment for the benefit of creditors, appoint a
or trmtm for any of the Sellers property or business, this order may forthwith be connected by the
Purchaser without liability.
HL GOVERNING LAW.
The definitions of rcmu usd or the interpretation of the agreement and the right of all panic remainder shall be
consumed under and gm'erad by the laws of the Sate of Colotda, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the sen ims of Sellers Repmxmduive(s), on the premises Oforhen.
10. SELLERS RESPONSIBILITY.
The Seiler shall arty oa said work at Sellers own risk bail the same is Polly completed and supper. and shall,
in sax of any accident, destruction or injury to the work amVor materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials
and equipment arc fumand by others for installation or motion by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andor equipment
were being famished by the Seller under the order.
18, INSURANCE.
The Seller shall, an his own expense, provide for the payment of workers compensation, including occupational
disease benefit, m in employees employed on or in connection with the work covered by this purchase ordeb
and/or to their dependent in accordance with the laws of the sate in which the work is to be done, The Seller
shall also carry comprehensive general liability including, but not limited to, compared and automobile public
liability insurance with hndily injury and death limits ofar Imm S300L000 far any one person, 5500,00o for any
one accident and priority damage limit Per accident of S40d000. 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 premise, of others, the Seller shall fbmish the Purchase with a cenificme
that such comp ppation and insurance have Rcn provided Such dertifcar s shall specify be date when such
compensation and insupnce have been provided. Such certificates shall specify the date when such compensation
and in urine expires. The Seller agree, Ibar such compensation and insumnm shall be maintained Until alter the
entire work is completed and accepter.
19. PROTECTION AGAINST ACCIDENT S AND DAMAGES.
The Seller hereby assumes the entire responsibility and hard iry for any and all damage, loss or injury of any kind
or nature whatoes'er to pet or property caused by or resulting from the execution of the work provided for in
this pure a se order or in connection herewith. The Seller wit l indemnify and hold hameess the Purchaser and any
r all of the Purchasers fi ireni, agents and employees to.., and against any and all claims, losses, damages,
charge, or
dxpms, whether direct or indirect, and whether to pars or property to white the Purchaser may
be put or subject by reason of any acl, action, neglect, omission or default on the Pan of the Seller, any of his
cotnpemrs, or any of the Sellers or contractors officers, agent or employees. In case any suit or other
proceedings shall be brought against the Puf.higher. or its o0icers, agent or employees at any time on account or
by reason of any act, action, neglect. omission or default of the Stile of any of his confinetors or any of it or
'her, ollicers, agent or employees as minesaid, the Seller hereby agrees m assume [he defense thereof and I.
defend the same at the Sellers own expense, in pay any and all costs, charge, m.meys f s and Other expert
any and all judgments that may be incurred by or obtained against the PurcM1mer or any of its or their officers,
agents or employees in such suit or ether proceedings, and in case judgment or other lien be placed upon or
ohainal against the orpeny of the Purchaser, or said parties in or as a result of such suit' or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contnnon shall take all safety precautions, mouth and install all guard, necessary far the premium of
eciderns, comply with all laws and regulations with regard to safety including, bur withoul limitation, the
Occupational Safetyand [health Act of 1970 and all roles and reguUlicns issued pursuant there..
Revised 03/2010