Loading...
HomeMy WebLinkAbout102895 FORT COLLINS AREA CHAMBER OF COMMERCE - PURCHASE ORDER - 9141581Fort Collins of PURCHASE ORDER Date: 03/17/2014 Vendor: 102895 Ship To: FORT COLLINS AREA CHAMBER OF COMMERCE PO BOX D FORT COLLINS CO 80522-0460 PO Number Page 9141581 1of2 This number must appear on all invoices, packing sli s and labels. CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 03/17/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Silver Sponsorship 2014 1 LOT LS 5,000.00 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from slide and local cox.. Our Exemption Number is 98-04502. Federal Bovine Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Interim) Revenue, Denver, Colorado (Ref. Colorado Revised Staples 1973, Chapter 39-26, 114 (a). Goods Rajeered. GOODS REJECTED due to failure no at specifications, either when shipped or due to defects of damage In mash, may be repmed to you fur mein and are cal to bd replaced every, Ypan receipt of wren instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, service, or equipment in response to this Omer co, esnit in authorized payment on the pan of the City of Fort Collins. However, it is to be undcomv! that tFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Temp. Shipments must be F.O.B., City of Fort Collins, 900 Wood Sr, Fan Collins, CO 80522, unless interstate specified on this Omer. Upermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for Parking will trot b, pe dent. Shipment Distance. Where manufacmters have distributing ports in various pans of the country, shipment is expected from the nearest distribution point to destination and excess freight will be dedered from Invoice when Shpments are made from grenter distance 11. NONWAIVER. Failnre of the Purchaser to insist On strict performance of the mors and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly unity the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval cribs design, shall not release the Seller of any of the ..he, or obligations of Nis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance Imomfor any of its rights or remedies an to any such goods, regardless of when shipped, received or accepted, as to my prim or subsequent default hereunder, nor shall any purposed oral modification or mrission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaer recognize that in actual economic practice, overcharges resulting from antitmst violations are in fact Some by the Purchaser. Theretofore, forWedcause and w consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or ho ratter acquired undo, federal or .to antitrust laws for such overcharges relating to the particular gwds or service purchased or acquired by the Purchaser pursusor no, this purchase Oder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to cancer nonconforming O defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereaRer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses rational by all applicable laws, regulations, ominances and pales are, state, municipality, termarry or political subdivision where the work is perlrmed, or required by any other duly completed public authority having jurisdiction over the work of wastes. Sella further agrees to hold the City of Fort Collins hamdess from and against all liability and loss trimmed by them by reason of an asserted or established violation of any such lax,, regulations, ordiraoca, rules and requirements. Authorization. All parties to this contract agree that he representative arc, in fact, bow fide and possess full and ..plot, authority to bind said panic. LIMITATION OF TERMS. This Purchase Order apm.1y limits acceptance tO the terms and conditions stated herein set forth and any supplementary or additional corms and conditions annexed hereto or incorporated herein by reference. Any additional or different teases and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT iminammly if you common make complete shipment to arrive on your premised delivery date as noted. Time is cribs wawa. Delivery and performance must be aboard within the time stntal oa the purchase order and the documents punched hereto. No acts of the Purchasers including, without limitation, acroppna ofp:mial lam deliveries, shall operate w a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option officer, 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 reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such eras cfGod,ans afocil or military minorities, govemmeatal priorities,( s, strikes, Bond, epidemics, wars or dots provided pat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the went of my such delay, the date of delivery shall be extended for the period equal m the time actually last by reason of Or delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Omer will conform with applicable drawings, specifications, samples andor 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 imilm nature. The Seller agrees m hold the purchaser harmless from any loss, damage O expertise which the Purchuer rosy suffer or mouton account of the Sellers breach ofwarranry. The Seller shall replace, repair or make good, without cost to Ne purchaser, my defects O f Its arising within one (1) year Or within such longer period of time as may be prescribed by law m by the tomes ofany applicable womanly provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance nor p be unreasonably delayed), r<suhing form imperial or defective work done or moter6 famished by the Seller. Acceptance or sex of goods by the Purchuer shall not constitute a waiver ofany claim under this warranty. Except w otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties or guarantees, 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 TERMS. The Purchasa may make changes to legal tram by wren change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in me specifications Or drawings, by verbal or written change Omer. If any such change effects the amount due or the time of performance, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change mJa, mrmiram this agreement as to any or Al punions of the goods then not shipped, subject to my equitable adjustment betweim the panic as many work or materials then in progress provided Nat the Purcha shall .1 be liable for any claims far anticipated pmfiu on the unmmpletM ,onion of the goods anNor work, for incidental or consequential damages, and Out no such immorpatt be Jade in favor of the Sella with empat to any goods which are the Sellers standard stock. No such termination short relieve the Purchasa or the Sella crony oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted wifln thitry (30) days form the date the change or ro inert, is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that or goods sold hereunder shall have been produced, sold, delivered and famished in side, compliance with all applicable laws and regulations r which the goats son subject. The Sella shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to be inmrpamed in agreements of this characta arc hereby incorporated herein by this reference. The Seller agree fo indemnify and hold the Purchaser, hamlas form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall usign, muter, or convey this order, or my wardm due or to become due hereunder without the prior wren concept ofhe arm, parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, marnals, and items famished in performance of this agreement, free and clear of any and all lieu, restrictions, reservations, memory interest encumbrances and claims mothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any rapre resulting tram the performance afsuers work. This release abell apply wen in the went of fault of negligence of the parry teleud and shall extend p the directors, officers and employees ofsuch won. The Sellers contractual obligations, incur ing w rmanry, shag not be dremed to be reduced, in any way, water such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. itinerate the Seller is required to use any design, device, material or process covered by letter, parent, mdermark or copyright, the Sella shall indemnify and save harmless the Purchuer from any and all claims for immatemem by reason of the use of such patented design d vice, mmenal or process in connection with the matrmt, and shall indemnify the Poembeaer for any cast, expense or damage which it may be obliged m Pay by reason ofsuch infringement at any time during the prosecution or aRa the completion of the work. In we said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wing said equipment or pans, replace the same with substantially ryual but noninGnging equipment, or modify it set it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become iuolwem or baN:mp , make an assignment for the benefit of creditors, appoint a recorea or torwor for any of the Sellers Property or bwinas, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions armors used or the interpretation of the agreement and the rights of all pair. hereunder shall be constmed under and governed by the laws cribs State of COlordn, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprometative(s), On the premium ofothax U. SELLERS RESPONSIBILITY. The Sella shall wry con said work rat Sellers owm risk until the same is fully completed end xcep,al. and shall, in se of any accident, datmetion or injury to the work ender manuals before Sellers East completion end acceptance, complete the work at settees awn expense and to the satisfaction of the Purchaser. Whim naturals and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, ,lure mad handle some at the she and became responsible therefor as though such materials puffer equipment were being famished by the Seller under the Omer. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, int'IYding accupprioul disease benefits, to its employees employed on or its coonection with the work covered by this purchase order, under to their dependents in ocmrdancc with the law, of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent S300,000 for any one Mrson, $500,000 for any one accident and pmormy damage limit per accident of S400,000. The Seller shall likewise require his unmepars, if any, to provide for such compensation and in e. Before any or the Seller or his contractors employes shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been Provided. Such caufiears shall specify the date when such compensation and insurance lave been presided. Such cenifezta ahall specify the date what such compemation and insurance expires. The Sella agrees that such compensation and inuuance shall be maintained until aRer Ne entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resporasibllity and liabil iry, for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution office work provided for in this purchase Omer or in connection herewith. The Seller will indemnify and hold hamalas the Franchiser and any r all of the Purchasers officers, agents am employees from and against any and all claims, losses, damages, charges or expemes, whether direct or indirect, pad whether to persons or property to which the Procreator may he put or subject by mason of any act, notion, neglect, omission or default on the For of the Seller, any of his contractors, Or any of the Sellers or co... officers, agents or employees. In case any suit or order, proceedings shall h brought against the Purchases, or its officers, agents or employes at any time on account or by reason of any act action, neglect, omission or default of the Seller of my of his contractors at my of its or their Meet, agents or employees . aforesaid, the Sella hereby .,as to assume the defense thereof and r defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment or other lien be, placed upon or obtained against Ne property of the Pmchaseq or said panics in or as a result of such suits or other proceedings, for Sella will in once ause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractor shall We 01 safely prcaumse, fumisM1 s m install all guards necesmry for the prnemion of accidens, comply with all wor and regulations with regain m safety including, but perNonn limitation, the Ocmpatioral Safety and Health Act of 1970 and all idles and regulations issued pursuant thereto. Revised 03R010