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HomeMy WebLinkAbout356317 MAPO - PURCHASE ORDER - 9141637PO PURCHASE ORDER 914163er Page �'.Ity of PURCHASE 9141637 1 of 2 ' `t Collins ins This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 03/18/2014 Vendor: 356317 Ship To: PURCHASING DIVISION MAPO CITY OF FORT COLLINS C/O NEAL LEWIS-CITY OF THORNTON 215 N MASON, 2ND FLOOR 9500 CIVIC CENTER DR FORT COLLINS CO 80524-4408 THORNTON CO 80229 Delivery Date: 03/18/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i MAPO Dues for 2014 1 LOT EA 35.00 for Web Site Registration Multiple Assembly of Procurement Officials (MAPO) Annual Membership Renewal per Invoice. 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.mm $35.00 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. CONIMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and hem axes. Our Exemption Number is 98-04502. Fadml Excise Tax Exemption Cenifcate of Registry 84-61100587 is registcnd with the Calleclur of Internal Revenue, Denver, Colorado (Ref. Colorado Revisal Swmta 1973, Chapter 39-26, 114 (a). Goods Regional. GOODS REJECTED due in failure m meet specifrstiom, either when slipped or due to defects of damage in vanit may No tortured m you her credit and are not m be replaced except upon rttaipt of writer stsstmctions rat the City effort Collins. Inspection. GOODS are subject to the City ofForn Collins inspection on srrism. Final Acceptance. Reccipt of the merchandise. saviests or equipment in customer to this order can mull in authorized payment on the pan of the City of Fan Collins. Hawevea it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofail applicable requited inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 70D Wood St, Fan Collins, CO 80522, unless otherwise specified on this other. If permission is given to prepay freight and charge separately, the nrigiml freight bill must accompany invoice. Additional charges for packing will not b, accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the canary, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are mode from garner distance. Permits. Seller shall prwure at sellers sole cost all necessary permits, ceni imer, and games emoral by all applicable laws, regulations, ordinances and ales of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the Ciry of Fort Collins harmless from and against all liability and loss incurred by than by reason of an assured or established violation of any such laws, regulations, ordiances, rates and requirements. Authorization. All parties to this contact agree that the repragmemism art, in fat, born fide and possess full ab complete authority to bind said From. LIMITATION OF TERMS. This Purchase Order expressly limits occurrence to the terms and conditions sweat herein set fob and any supplementary or bdirional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and cobitinas proposed by seller are objected to and hereby rcjmted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately trying wtmot make complete shipment to active on your pmmiud delivery date as noted. Time is of the comme. Delivery and performance must be effected within the time small on the purchase order and the documents numbed hereto. No acts of the Purchasers including, without limitation, acceptance offering late deliveries, shall opiate as a waiver mf this provision. in the went ofany delay, the Pamhoser shall have, in addition to other legal and equitable remedies, the option ordering this order elsewhere and holding the Seller liable for damages. Hawevea the Seller shall not Is, liable fur damages as a result of delays due to causes no, reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts orcivil or military authorities, governmental prio firs, fires, strikes, road, epidemics, wars or riots provided that notice of the conditions coming such delay is given m the 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 shot[ be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all good, articles, materials and work covered by this order will conform with applicable dawings, specifications, sample and/or other dacriplacrs given, will be fit for the purposes intended, and performal with the highest degree of care and wrrepnence in accordance with accepted standards for woe of a similar nature. The Seller agrees to hold the purchaser hvmless f any loss, damage or expense which the Purchaser may suRa or incur on ncwlmn of the Sellers breach craving The Seller shall replace, regain or make good, wirout can to the purchase, any defeas or faults ansing within one (1) year or within such longer period of dare as may be pmarribed by law m by the team of my applicable rogi provided by the Sella anet the date of acceptance offer goods famished hereunder (acerpwme not to b, wuawwbly decoyed), resulting been impala, nr defective work done or materials firmuhed by the Seller. Acceptance or use ofgood by the Purchaser shall rot institute a waiver of soy claim under this wxmnty. Except as otherwise provided in this purchaan order, the Sellers liability hereurda shell extend to all damages proximately cmmed by the breach ofany origin foregoing waarmages err gram orm. but such liability shall in no an include loss of pals 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 term by amen change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may make any changes to the tams, other than legal terms, including additions in or deletions from the qumnities mginally ordered in the specifications or drawings, by verbal or written change order. it any such change affects the amount due or the time ofperfermance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portiom of the good then not shipped, subject to any equitable adjustment between the panics as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit oa the uncompleted ,onion crime goods We, work, for incidenrm or curcom entlai damages, end that na such adjustment m made in favor of the Seller with reopen to my goods which are the Sellers smuard stock. No such tan imtion shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the dare the change or temurution is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have bun produced, sold, delivered and famished in stem compliance with all applicable Laws And regulations to which the goads are subject The Sella shall execute and deliver such focumens in may be required to elTxt or evidence compliance. All laws and negotiations required to be incorporated in agreements of this character ere hereby uninformed Interim by this reference. The Seller ages to indemnify and hold the Pandora homeless from 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 assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written cement of the other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all her, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWANER. Failure of the Pershout to gold upon stria perfomu— of the ternes and ambitions barter, failure err delay to mencom any rights or remedies provided herein or by law, failure b promptly ratify do Seller in the event of a breach, me arceprance ofor payment for good hereunder or approval offer design, shall not reform, the Seller of any of the weranties m obligation of this purchase other and shall not be deemed a waiver array right of the Purchaser to Trams, upon surge, giffigargargarm, tracer or any of its rights or remedies as to any such goods,regardless of what shipped, received nr xcepted, as m any prior or indicators, Jefa g t hereunder, tar shall any perfumed oral -admiration m rescission of this purchour order by the Purchaser operate as is waiver of my of the 'am hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in mtml cc no is pracoverc harges charges roughing from antitrust violations are in fact home by the Purchua. Thertmfort, for ogood auge and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herafter acquired under federal or slate anmim ad laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to coned nonconforming or defective good by a date to b, agreed upon by the Processor and the Seller, and the Seller therenfla 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 oasts associated with such work. The Sella shall release the Purchaser and its contmmors of my tier form all liabild, and claims of any ensure reselling from the performance ofsuch work. This release shall apply even in rate evert of fault of negligence of the party released and shall extend to the dommrs, officers and employers ofsuch parry. The Sellers amormtoal obligations, including warranty, shall not be doomed m be, reduced, in any way. because such work is performed or caused to be Performed by the Porringer. 14. PATENTS. Wbroorsa the Seller is requited to use any design, do fii e, material or process wvered by lean patent. tradem rk or wpyright the Seller shall indemnify end save harmless the purchaser from any and all claims far infringement by mason of the use of such patented deign, device, maturing or process in interaction wish me action, and ,ball indemnify the Purchaser for any cost, expanse or damage which it may be, obliged to pay by reason of such infringement at any time during thin preacc Lion or after the complains of the work. In eau said equipment, or any pan thereof or the intended use of the goad, is in such suit held to common, infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expenso and at its option, either facia for the Purchaser the right to continue using said equipment or parts, replaw rate more with substantially equal but noninfn'nging equipment, or modify it so it becomes noninfnoging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make ma assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definition ofterrm man or the interyrelation of the agreement and the rights of all panic hareunder shall be cormmal under and normal by the laws ofhe Swat of Colorado, USA. The following Additional Conditions apply only in taus whom the Seller is to perform won hereunder, including the services of Sellers Represcomive(sh on the premises of others. ❑. SELLERS RESPONSIBILITY. The Sena shall carry an said work at Sidles own risk and the same is Polly completed ab accepted, ab shall, au of any accident datmnion or injury to the work and/or materials before Sellers final complaint and acceptance, complete Ra won m Sellers own expense and in the sbsferium of she pardoner. When materials sal equipment are thmhhal by others for installation or section by the Seller, the Seller shall receive, volmd, sore and handle same at the site and broom, m,.iblc therefer as though such materials mNm equipment were being fmnphal by the Sella uadet the under. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymatt of workers compensation, including mcupational disease benefits, m its employees employed on or in connection with the work covered by this purcbas, mile, and/or to their dependent in accordance with the laws of the smote in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, wntredual and automobile public liability i r urrnce with bodily injury and death limits of at least S300,000 for any one person, 5500,000 lot any one accident and prepeny damage limit per accident of 5400,00T The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmema employees shall do any work upon the premises of others, the Seller shall North the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and ins expires. The Seller agrees but such reclamation and insurance shall be maintained until after the entire work is completed and mcepted. 19. PROTEMON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby measures the entire responsibility am liability for any and all damage, loss or injury of my kind r ware whmscever to persons or property caused by or resulting from the execution ofdu work provided for in this purchase order or in connection herewith. The Sella will indemnify ab hold harmless the Purchases and any an all of the Purchasers M., agents and employees from nand against any and all claims, losses, damages. charges or expenses, whether direct or Disinfect, and whether in persmu or property to which the Fontana may be, put or subject by reamn of my on, action, earl omission or default on the pan of the Sella, my of his contactors, or any of the Sellers or contrutaon officers, agents or employees. In eau my suit or other pmcendrup shall be brought against the Peritonea, or its offices, agents or employees at my time on account or by reason of my act ration, neglect, omission or default of the Seller of any of his conbanoas err my of its art thew officers, agents or employees as aforesaid, the Sella hereby sprees or assume the defame thercof and to defend the some at the Sellers own expense, to pay my and all costs, charges, aromeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other Proceedings, and in case judgment or other lien b< placed upon or obtained again the property of the Purchaser, or mid parties u or ss a mull ofsuch suits or other proceedings, the Seller will at one, cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safely precautions, famish ab install all guards necessary for the prevention of accidents, comply with all laws and regulations with regain to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all rates and regulations issued pursuant thereat. Revised 0312010