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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9141740PO PURCHASE ORDER 914174er Page C117/ of PURCHASE 9141740 t of 2 ' `tChis number must appear ` Collins1 1 on all invoices, packing sli sand labels. Date: 03/2512014 Vendor: 102622 POUDRE SCHOOL DISTRICT ATTN: ACCOUNTS RECEIVABLE 2407 LAPORTE AVE FORT COLLINS CO 80521-2297 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 03/2512014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Gym Rentals Invoice AR127432 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 Total Invoice Address: 5,503.14 14 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAIIS. Tax exconam— By statute the City of Fort Collor is exempt from state and kcal taxes. Our Exemptioa Number is 11. NON WAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collator of Failure of the Prubascr to mist upon strict performance of the terms and conditions hereof, failure or delay W Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by how. failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or upprovol of design, shall not release me Seller of Goods Rejttta GOODS REJECTED due W failure to meet sped ficatioa, either when shipped or due to defects of any of the warantles or obligations of this purchase order and shall not be deemed a waiver of any sight of me damage in tra.it, may, he resumed W you for credit and am not to he replaced except upon receipt of..en purchaser m i.e. upon stria performance haeofor any of is rights or remedies as to any such goods, regardless instru<dons ftom me City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereundcq nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subjea m the City of Fan Collins impression on moral. hereof. Final Acca mace. Receipt of the merchandise, services or equipment in raporue to this order can result or 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of me City of Fort Collins. However, it is to be wderst dal that FINAL Seller and me Pumlimer mcagnim that W actual crounifirric practice, Overcharges multing fmin antitrust ACCEPTANCE is dependent upon completion of all applicable fix mrd inspection proadfi a. violations are W fact home by the Purchaser. Theretofore, for good cause and as comidemtion 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 FOB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired undo federal or state todur a luwa for such overclurges mlating 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 or acquired by the Purchase pursuant m this purchase order. bill most anconnom, invoice. Additional charges for ackinx will or be acceptcl. Shipment Distance. Where manufacturers have distributing points in varicis pats of Rc country, shipment is expected fiom the carat distribution point to destitution, and excess freight will be deducted from Inmice, what shipments am made form greater distance. Parmits. Seller shall procure at sellers sole cost all naesury permits, cau ficates and licrosa required by all applicable laws, regulations, ordinances and rules oftha state, municipality, motion, or political subdivision whore the work is performed, or required by any other duly constiWred public authority having jurisdiction over me work of vendor. Seller further agrees to hold the City of Fiat Collins harmless from and against all liability and lass incurred by them by reason of an asmned or established violation of any such laws, regulations, ordinances, mars and raluirements. Aumarizetioa All pmiea a this contact some that the repam n dives are, N fat, bona fide and possess full and complete authority W bird said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptant to me temw find caditions sated herein Or Pod, and any supplementary ar additional terms and conditions mommal hcreW or incoryoatd herein by reference. Any additional or different Wnns and conditions proposed by seller are majored W ad hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Too ked delivery date as noted. Time is of the essence. Delivery end performvnce must be effected within me time stated on the purchase order and me documents attached hereto. No acts of the Purchasers including, without Radiation, acceptance of Radial late deliveries, shall operate as a waiver of this provision. In the event of my deUy, th<Purcbamr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sell, liable for damages. However, the Sella shall oat be liable for damages as is result or&to s due to causes not reasonably f able which art beyond its reasonable mmml and without its fault of negligence, such acts of God, arts ofrivil to military aahonties, gwernmental p..fines, fires, strikes, flood, epidermis, wan or riots provided that notice of the conditions causing such delay is given W the Purclue er within fm (5) days of the time what me Sell, first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for me Fetid equal to the time actually lost by reason ofthe delay. 3:WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will comfort with applicable drawings, specifications, samples mdtor other descriptions given, will b, fit for me purposes intended, and ped'ormd with the highest degree of care and compesenee in ismandaae arm accepted d rdardis fm work of a i id. mate m. The Sell, agrees to hold me purclauer hanmle s fmm any loss, damage or expense which me Purchases may suRef or human mmumt ofine Sellm breach of wammty. The Seller shall replace, repair in make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer peril of time as may be proscribed by law or by the terms of my applicable warranty provided by den Seller after the date of ameptanm of me goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work dune or materials famished by the Seller. Acceposom or use of goods by me Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this pufchose order, the Sellers limbil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchuef may make changs to legal terms by wri.m change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other than legal tom, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or comen change order If any such change affects the amount due or time ofperformance hereund,, an equitable adjuslmenl shall be made. 6. TERMINATIONS. The Pumbaso may at any time by wrinen change order, tamninam this agreement as m any or all portions of me goad then not shipped, subjea to my equitable adjustment Imaccen the pmies as in any work or materials men in program Provided the me pmchaver shall not be liable for any claims for anticipated profits on the meompind portion of the goods andtor work, for imidenul or consequential damages, and mat no such djwsoneut be made in favor ofine Sella with respect to any goads which etc the Sell. standard steak. No such termination shall relieve the pardauso or the Seller ofany afthev obligations ns to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for edjnstment most b, awned within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE W ITH LA W. The Sella warrmu mat all goods sold hereunder shall have been produced, sold, delivered and f ishd in stria compliance with all applicable laws and regulations in which Re goods are subject The Seller shall execute and deliver such documents as may he required W effect in evidence compliance. All laws and regulations required W he unconstrained in agreements of this chafacta are Inanity incarynmted herein by this refetarce. The Sella agrees W indemnify and hold the Farmhouses handless farm all toss and damages suffered by me Purchaser m a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent of the other patty. 10. TITLE. The Sella amounts Poll, clear and umstrictd tide m me Purchaser for all equipment, materials, and items furnished in performance of this agreement flee and clear of my and all lien, restrictions, motivations, mmriry named encumbmmcs and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the, Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchases most the Seller, and me Seller merea0er indicates its mobility or m 11figvess to comply, the Purchaser may cause the work to he performed by me mast expeditious means available to it, and the Sella shall Pay all casts aficamed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from me performance of such work. This release shall apply even in the event of fault of ncgaigamc of the party released and shall extend W the directors, officers and employees of such parry. The Sellers contractual obligations, including wamary, shall not be domed m be, reduced, in my way, lumme such work is performed or caused to a performed by me purchaser. 14, PATENTS. Whenever the Sella is required to use my design, device, material or Process covered by lever, patent, trademark or copyright me Sella shall indemnify and save hadnlss the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process or commection with me contract, and shall indemnify the Purchaser for any cost, expense 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 pm thereof or the intended use of me 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 ad at its option, either procure for Re Purchaser me right W continue using said equipment or pads, replete the same with substantially equal but noninfringing equipment, or modify it m it becomes noniufringing. 15.114SOLVENCY. If the Seller shall became insolvent or bankrupt make an sssigmnent f the beneN of creditors, ii mor a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of me agreement and the rights of all parties hereunder shall be command under and governed by the laws ofine Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is m pa- mr work hereunder, including the arnica of Sell. Reprampativds), on the premises of ohers. 19. SELLERS RESPONSIBILITY, The Seller shall carry an said work at Sellers own risk until the mine is fully completed and mceptd, and shall, in se of my accident, destruction or injury W Re work =Nor materials before Sellers foal completion. ad acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become resporc ible therefor as though such materials mdtor equipment were being Extradited by the Seller under the order. 18. INSURANCE. The Sella shall, as his own expense, provide for me payment of workers mmpmsation including occupational disease benefrs, to its employers employed on or W mfin evhim with the, work covered by this purchase order, .ON., W their dependems in mcadsome with Or laws of the stair in which me wind, is W he done. The Sella shall also carry, comprehensive general liability includin& but not limited W, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one Paton, S500.000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commeto s employees shall do any work upon the premises of others, the Seller shall famish me Purchaser with is renificate that such comparsution and insurance have been provided. Such cerbficaes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall Is mainuind until after the mine work is templed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire reson ibdo, and liability fat any ad sell damage. torn or injury of-y kind or nature whatsoever W persons or property caused by or Mulling form me execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchasers oRcen, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmpmy to which the Purchaser may he put or subject by anon of my tat, mum, neglect, omission or default on Re part of the Sella, my of his contactor, or my of me Sellers or cuntoncmrs officers, agents or employes. In cam any suit or Omer proceedings shall be, brought against me Purchaser, or its officers, agents or employees at my time on meow' or by ream. of my act. acliou. neglect, omission or default of the Seller of any of his contractors or my of its or thew offic., agents or employees as aforesaid, me Sella hereby agrees to assume the deform thereof and to defend the same at the Sellers own spense, W pay my and all arm charges, mameys fees and other expenses, any and all judgments that may be incurred by or obtained against me Purchaser or any of its or thew officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained against me property of the Purchaser, or said parties in or as a result ofsuch suits 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 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 including, but without handed., me Occupational Safety and Hmlth Act of 1970 and all mles and regulations issued pursunt ma do. Raised 03R010