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HomeMy WebLinkAbout132574 LARIMER COUNTY HUMAN SERVICES DEPT - PURCHASE ORDER - 9141503Fort Collins PURCHASE ORDER Date: 03/11/2014 Vendor: 132574 LARIMER COUNTY HUMAN SERVICES DEPT ATTN: ROSA LERMA 1501 BLUE SPRUCE DR FORT COLLINS CO 80524 PO Number Page 9141503 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 03/11/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Ordered Extended Price 1 2014 HUB Operating costs PER INV DATED 2/5/2014 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 1 LOT LS 27,239.00 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collias is exempt from slate and local clam. Our Exemption Number is 1 L NON WAIVER. 98-04502. Federal Excise Tax Exemption Conificzte of Registry 84-6000587 is registered with rise Collector of Failure of the PureM1uer as insist rpm will perfomlance of the terms and coalitions hereof, failure or delay m Normal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtm 1973. Chapter 39-26. 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the incept. of or payment for good hereunder or approval offle design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 10 of spwifications, lifer when shipped or due to defects of any of the warranties or obligations of Nis purchase order and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any i f its rights or remNies as 1. any such good, regardless instructions form Ne City of Fort 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 tents Inspection, GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchmdise, savlces or equipment in response to this order can result in 12. ASSIGNMENT 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 first in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable "uired inspection procedures. violations ate in fact home by the Purchaser. Theretofore, for good cause wad as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any oral all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, —less enquired under bedevil or state antiond laws for such overcharges reining to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately. the original freight purchased.. acquired by the Purchaser parsumg to this purchase order. bill most accompany .or. Additional charges for parking will not b, worries, I3.PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. vagompams flue isn ShipmentDiscount.thee.Wberemanufenmrtrs have distributingand tdirects the a m beagrt, Seller tolertcdat1wndicates or defeelnotably IfiftPure Per dfromcountry voice whet point to destination, and excess freight will be deducted form Invoice when expected form the nearest excess freight de the Pubythe a, mosbyadas a its notably of unwillingness b comply, the Pumhaer, Purchaser and the Seller, and the Sellery and greater lima shipments are made from grmter diswnce. by the moo expeditious means available m it and the Seller shall pay all may cause the work m ch the most orformN costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory, or political subdivision where the work is performed, or requited by any other duly constitumd public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reamn of an wcsened or established violation of any such laws, regulations, ordinances, rules and Tramirements. Amblemini icn. All panics 10 this contract a&too pat the ex,nowalarives are, in fact, bona fide and possess fill rand complete authority ro bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limit acceptance to the tams and conditions staled herein set ford and any supplementary or additional temp and conditions a-exed Matto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to amve on your promised delivery date as noted. Time is of the cawart. Delivery and performance must be e0ecmd within the time stated on the purchase order it the document' attached hereto. No acts of the Purchasers including, without lacru atiml, acceptance of pmid late deliveries, shall operate as a waiver of this provision. In the occur army 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 delays due to causes not seasonably foreseeable which art beyond its reasonable ronvol and without its fault of negligence, such ass of Gd, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to late Purchaser within five (5) days of the time when the Seller war received knowledge Nowt In the event of my such delay, die date of delivery shall be extended for the rend egml to the time actually loss by reams of the delay. 3. WARRANTY. The Seller warrants Nat all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, sampler ankor ..her descriptions given, will be fil for the purposes intended, and Performed with the highest degree of care and completes, in accordance with accepted standards, for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or most on acounl of the Sellers breach ofwamanty. The Seller shall replace, repair or make good, without cost to the purchaser, my do its or faults arising within one (1) year or within such longer period of lime m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (accgtmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consume a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by file breach of my of the foregoing assona ion or guaanfres, but such liability shall in no event include lass of pmfits or loss or 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 wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change m the to.. other than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due .,,he time of Porfammnee her.urda, on equitable w1jnstmmt shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terreimre this agreement as to any or all portions of the good then not shipped, subject many equitable adjustment between the Pairs as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on file uncompleted Portion of the good and'ur work, for incidenul or comearm ntial damages, and that no such adjustment be made in favor of the Seller with respect to any gods which are fire Sellers nmdard stock. No such twnwa tim shall relieve the Purchases or the Seller army of Ncir obligati. -as as my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far djusfment most be assured within third (30) days from the dam the change .1 '..is. is ordered. S. COMPLIANCE WITH LAW. The Seller samants that all goods sold hereunder shall have been produced, sold, delivered and f old in suit, compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be paired to effect or evidence compliance. All laws and regulations required 10 be ncoryoramd in agreements of this ch marow are hoteby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all costs and damages suffered by Life Purchaser as a result of file Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party than assign uans(er, or convey Nis order, or any monies due or 10 beome due haremder withoal the prior written consent of the order party. 10. TITLE. The Seller warrant Mi. clear and warstricted title to the Purchaser for all equipment materials, and items fmishd in performance of this agreement free oral clear of any and all lia-, concertina, reservations, secunry 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 from the performance afsulh work. This release shall apply even in the event of fault of negligence of the parry relessd and shall extend to the directors, oMet. and employees ofsarh pmy. The Sellefs continental obligations, including warranty, shall not be damd to be reduced, in any way, Ixcause such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever del Seller is failures] to use any design, device, material or process covered by Fruit, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, rapists, 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 goods, is in such suit held to constitute infrin"Frow 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 Purchaser the night to confirm, using said equipment or parts, replan the same with substantially equal but noninfringing equipment, ar modify it sa it becomes noninfdnging. 15. MSOLVENCY. If the Seller shall become mad col or bankrupt make an assignment for the benefit of creditors, appoint a nixoner or trustee for my of the Sellers properly or business, this order may forthwith be canceled by the Purchaer without liability. 16. GOVERNING LAW. The definition of toms used or file interpretation of the agreement and life rights of all prim hereunder shall he construed under and governed by the laws argue State ofC.1mado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Romesenmtive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is rally completed and accepted, and shall, in case of any accident destruction.. injury to the work similar materials before Sellers final completion and acceptance, complete file work at Sellds own expense and to the mfisfaction of the Purchaser. When materiaf and equipment are f ishd by others for installation or erection by Ne Seller, the Seller shall receive, unload, samth store and handle e at e site anbecame responsible becaresponsible therefor as though such materials andlor repairmen[ were being furnished! by Ne Seller under the order. 18. INSURANCE. The Seller shall, al his own expense, provide for the payment of workers compensation, including ocupationl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their d.pendrms 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, command and automobile public liability inmmnce with bodily injury and death limits of at least 5300.000 for any one person, 554bPOtl fur any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his if any, to provide for such compensationand in e. Before any of the Sellers ar his coamems t employees shall do any wad upon the premises offalha; the.... shall finish the specify the with a when su h Nat such compensation and insurance have been provided. Such certificates shall specify the done when such cod insurance and its. no have been provided. Such pen certificates dull specify the dare when such compensation more a wemee expires. The Seller agrees that such compensation and insurance shall tr maintained until alter rise emirc work is mmplad and amepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 0... im resp nnibiliry ad liability for any and all damage, lass or injury ofany kind or mum wha6oever to rersors or property caused by or resulting firms the execution of the wad provided forth this purchase order or in wmectto. herewith. The Seller will indemnify oral held harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, tactics, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, ogents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its onlc ns, agents or employees ar any lime on account or by croon of any act, action, neglect, omission or default of the Seller of my of his contractors 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 ad all programs that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suds or other proceedings, and in case judgment or other lien be placed upon or examined Wheat the property of the Purchaser, or said pries in or as a result i f such suits or other proceedings, the Seller win at once cause the same to b, dissolved and discharged In giving bold or otherwise. Tar 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 welding, but without limitation, the Occupational Safety and Health An of 1970 and all roles and regulations loud Incomes thereto. Revised 03R010