HomeMy WebLinkAbout495753 ASSIST 2 HEAR - PURCHASE ORDER - 9141515PO
PURCHASE ORDER 914151 Number Page
C117/ of PURCHASE
9141515 1012
Flirt CollinsCThis number must appear
!�—,J`-' " on all invoices, packing
sli s and labels.
Date: 03/12/2014
Vendor: 495753
ASSIST 2 HEAR
6648 S ROBB ST
LITTLETON CO 80127
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 03/11/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Senior Center 1 LOT LS 50,000.00
Provide all necessary labor &
material for the installation
for the hearing loops per
proposals dated 9/4113 and 9/9/13.
Multi -purpose Rooms 1,2,3 of the
existing and 4,5 in the new addition.
Activity Rooms 1,2 of the existing
and the Auditorium of the new addition.
Supa T Loop at the reception desk.
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@fogov.mm
Total $50,000.00
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
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins u exempt fmm state and local taxes. Om Exemption Number is
11. NON WAIVER.
98-0,1502. Federal Excise Tax Exemption Caffica a of Registry 84-6000587 is registered with the Collator of
Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtum 1973. Chapter 3936, 114 (a).
exercise any rights or manages provided herein m by law, failu , W promptly rwtify We Sella in the event of a
breach, the acceptance ofor payment for goods himmuder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to race specifications, either when shipped of due to defcus of
any of the wartanfim or obligations of this purehrse order and shall not be domed a waver of mry right of the
damage in tratssit, may he mutual to you for credit and ere at to be, replaced except upon receipt of written
purchaser to insist upon strict pelf.. hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as 10 any prior or orb w oral default hounder, nor shall any patpr ned
oral mWification or rescission of Nas purchase order by the Parchsser operate as a waiver of any of the terns
Inspection. GOODS are subject to the City effort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, seniors or equipment in res,sa a to this order can ..It in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
wthorixnl payment on the pan Of Ne City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser faogniu that in actual economic practice, overcharges resulting from antiwst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theremlre,r for good muse 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
Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the panicnlar goads or services
Otherwise specified on this Omer. Hpermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser purmant to this purchase order.
bill most accomoanv invoice. Additional thrown fur rocking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in sourioust Pans of the country, shipment is
expected from the nearest distribution Palm to destination, and excess freight will be deducted farm Invoice when
shipments are made fmm grater distance.
Pmnits. Sella mall immure at sellers sole cart ell necessary permits, aftifimtes and licenses rdryined by all
applicable laws, regulmiom, whi ames and roles of the stare, municipality, territory or politic] subdivision where
the work is performed, or neonatal by any other duty constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to bold the City of Fan Collins, harmless firms and against all liability and loss
incurred by than by reason of an assents or c,ablosed violation of any such laws, regulations, ordinances, roles
and requirements.
Amhoriamion. All parties to this contract agree that the representatives we, in Tut, bow fide and possess full and
complete willimiy to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein act fnmh and any supplemenmry or additional tams and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and condaluns proposed by miler are Objected to and hereby rejeced.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryst cannot make complete shipment to arrive on your
Promised delivery date as noted. Time is of flue essence. Delivery and perfommrce must h elfamed within the time
stated on the purchase order and the documents attached hereto. No acts of the Pumhows, including, without
limitation, acceptance ofpanaal lace deliveries, shall aperam as a waiver of this provision. In the event orally delay,
the Purchaser shall have, in addition to other legal and equitable manages the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall rot h liable for damage m a result ofdelays
due to causes not reasonably foreseeable which are beyond its reasowble control and without as fault of negligence,
such tits of Gad acts ofcivil or military authorities, 6marnmernal priorities, fines, stakes flood, epidemics, wars or
riots provided that notice of she caush ou causing such defy is given to the Purchaser wahn five (5) days of the
time when drc Sella first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the pmad effwl W the time annually Imt by reason of the defsy.
3. WARRANTY.
The Sella warrants that all goods, amides, mmeriak and work covered by this order will conform with applicable
drawings, specificatiow, samples and/or other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted saodands for work of a
similar noun. The Sella agrees m hold Ne purchsser harmless fmm my loss, damage or ¢.prom which the
Purcheser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost a the pm<haser, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the lams of any applicable warranty provided by the Seller after the dale of
acceptance of the goods fumished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect
or defective work done or rwteriak Finished by the Seller. Accepane or use of goods by the Purchaser shall ant
constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties
or gumansta, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TE]FMS.
The Pachuer may make changes to legal Norm by women change Omer.
5. CI IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to she terms, other than legal lams. including additions to Or deletions fmm
the qumnim annually ordered m the spalficatiom or drawi by verbal or written change order. If any such
change elfeds the amount due or the time i fperfomrnme hranda, an equmbIO adjustment shall IM it,
&TERMINATIONS.
The Purchaser may in any time by written change order, terminate this agreement in to any or all portions of the
goods then nor shipped, subject to any equitable adjustment between the parties as m any work or mamnals then in
,guests provided that the Purchaser shall or be liable for any claims for anticipated pmNs on the uncompleted
portion of the goods andam work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which as the Sellers sumMrd slack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be usafed within thirty (30) days from the dare the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wormnts But all good sold hereunder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which the goods art subject. The Sella shall execute and
deliver such unicameral as may he mryiced as eft t or evidence compliance. All laws and regulations warned to h
incorporate) in agreements of this cheand r are hereby inam Bursted herein by Nis reference. The Sella agrees to
indemnify and Mid the purchaser hamlless from all cons and damps suffered by the Parehasa as a .11 of the
Sellers flere to comply with such law.
9. ASSIGNMENT.
Neither party shall tinges, nawfem or convey this order, or any monies due or to become due hereunder wiNom the
prior written moment of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchmer for all equipment materials, and items famished
in performance of this agreement, free and clear of any and all liens, rstnetions, reservations, security interest
encumbrances and claims orations.
13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs she Seller to comet nonconforming or defective goods by a date to he agreed upon by the
Purchaser and the Seller, and the Sella thereafier indicates its inability or unwillingness to comply, the Purchana
may cause the walk m be performed by the most e,ada im s memos available to it, and the Seller shall pay all
mats aasmiated with such work.
The Seller shall release the Purchaser and its conmctors of any tier from all liability and claims of any wmre
resulting fmm the parfarmance ofsuch work.
This release shall apply even in the event of fault of negligence of the party reles sal ad shall extend to life
directors, officers and employees of such parry.
The Sellers contractual obligations, including warranty, shall not be deemed to h reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, 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 tonsillar with the contract, and
shall indemnify the Purchaser for any cost expense or damage which it may be obliged a pay by reason of such
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 m constitute infringement and the use of
said equipment or pun is enjoined, the Sella shall, at its own expense and at its option, either procure far doe
Purchaser the right to continue using said apartment or pans, replace Ne same with substantially effort but
noninfirl equipment, in modify it m it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or Manama, make an assignment fir the hraftt of crNscus appoint a
receiver or trustee for any of the Sellers Property or business, this Order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms usal or Ne interpretation Ofihe agreement and the rights of all parties hereunder shall be
cerebral under and governed by the laws i f the State of Colorado, USA.
The following AJdiforul Conditions apply only in taus where the Seller is to perform work hereunder,
including the swim of Sellers Repseuntative(s), on the premises archers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk unit the same is fully completed and accepted, and shall,
in u of any accident, denowelion or injury to the work and%or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipmew are Finished by others far insullmion or erection by he Seller, the Sella shall receive, unload.
store and handle same at the site and become responsible therefor as though such materials and%or a ft mrnt
were king maintained by the Sella under the oder.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease hnefits, to its employees employed on or in connection with the work covered by duds purchase order,
.Nor to their defendants as use mrJaace with the laws of the state in which Ne work is to M dome. The Sella
shall also ran, comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and devN limits arm least S300,000 for any one person. 5500,000 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, no provide for such compensation and ins e. Before oany of the Sellers or his
employees shall do any work upon tM premises of others, the Shca shall furnish the Purchaser with a cenificate
that such compensation and insurance have been provided. Such confirms shall specify the date when such
compensation and insurance have ban provided. Such ccnificates shall specify the date whm such compensation
and insurance expires. The Seller agrees fast such compensmon and insurance shall be mentioned until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
or nature whats«ver to persons or propmr caused by or mulling from the execution ofthe work presided for in
this purchase often or in connection berewith. The Seller will indemnify and hold harmless the Purchaser and any
r all i f 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 p rvom or property to which me Purchaser may
be put or subject by reason of any =4 ration, neglect, omission or default on the part of the Sella, any of his
contractors, on any of thro Sellers or lowest officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchssa, or its officers, agents or employees at any time an account or
by reaon of my rot, action, mishear omission or default of On, Sella of any of his mntracmrs or any of its or
their officers, agents or employees as aforesaid the Sella hereby agrees to assume the der thereof and W
defead th same or the Sellers own expense, to pay any nce all costs, charges, amameys f and other expenses,
any and all judgments that may M incurred by or obtained against thre Purchaser or any of its or then officers,
agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or
obtained against the pmtxrty, ofthe Purchaser, in said Ironies in or as a result of such sets or offer proceedings,
the Seller will at once cause life same 0 be dissolved and discharged by giving band or otherwise. The Seller and
his em usco rs shall take all safety prawlime, famish and iwall all guards necessary for the Elevation of
accidents, comply with all laws and regulations with regard to safety including, best without limitation, the
Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant Macau.
Revised 03I2010