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HomeMy WebLinkAbout113643 DOWNTOWN BUSINESS ASSOCIATION - PURCHASE ORDER - 9140220 (2)Fort Collins Date: 04/10/2014 PURCHASE ORDER Vendor: 113643 DOWNTOWN BUSINESS ASSOCIATION #19 OLD TOWN SQUARE #230 FORT COLLINS CO 80524 PO Number Page 9140220 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/08/2014 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEED / DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AIINOT A PROMISE TO PURCHASE ANY MINUMUM AMOUNT OF SUCH GOODS AND/OR SERVICES Line Description Quantity UOM nit•Price Extended Ordered Price 2 Downtown Business Assosc 1 LOT EA 3,000.00 Safety Bucks Reimbursement 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and carbMns hereof, failure or delay to Internal Revenue, Denver. Colorado f ref. Colorado Revised Sutures 1971, Chapter 39-26, 114 ML exercise any rights or mmdies provided herein or by law, failure m promptly notify the Seller in the went of a breach, the acceptance ofor payment for goods hereunder or approval of a design, shall notrelease the Seller of Grads Rejected. GOODS REJECTED due to fallme to meet speed Orations, either when shipped or due to defects of any Of the worranlies or obligations of this purchase order and shall not M deemed a waiver of any right of the damage in much, may be rammed m you for credit and are not to be replaced except upon receipt of women P.,he., to insist upon strict performance hereof or any of its rights or remedies res to any such goods, regardless Instm pima from the City of Fort Collins. Of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any purported oral modi lication or rescission of this purchase order by the Purchaser Operate as a waiver of any of the rem s Ires,ccum, GOODS are subject m the City of Fort Collins inspection oa amvaL hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to M uadeNmd that FINAL Seller and the Purchaser reognize that in actual ec m practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of atl applicable required inpetion procedures. violations are in fact home by the Purchmos. Therefrom, for good cause and it, consideration fat executing this pirem. Maker, be Seller hereby cosigns to the Purchaser any and all claims it may now hass or hereafter Freight Tema. Shipments most M F.O.B., City of Fort Collins, ]oo Wood St, Four Collires. CO 80522. unless acquired under federal or spite antitrust laws for such overcharges mismarg m the pmticular goad or services otherwise specified on this order. Upermission is given to prepay freight and charge importunely, the original freight purchased or acquired by be Pumhuer pursuant to this pumham order. bill mast accomoanv invoice. Additional curves for narking will not M acrioned. Shimmer Distance. \Vhcre manufazlums have duamutlng points in various pans of the country, shipment is expend from me ro m it distribution point by destinaion, and excess freight will M demoted from Invoice when mdpments art made from gmmor distance. Permits- Seller shall pMaum as sellers sole cost all necessary pemtirs, certificates end It. required by all applicable lens, regulations, Ordinances mad roles of the state, mumici,liy, buritory or political subdivision where the word a peeformad or required by any other duly comtimmd public authority having jurisdiction over the work of vendor Sell, fuller agrees to Mid the City of Fort Collie harmless from and against all liability and loss incurred by them by reason of an examined in established violation of any such laws, regulations, ordinances, roles all requirements. Authorization. All panic, la Nis combat agree but the repreremtives Me, in fact, M. fide and possess full and mmplme authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be mrnn and conditions saved herein set full and any supplementary Or additional names said mMitionx annexed hereto or incorporated herein by ref m. Any additional or different team and mndiriorm proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely if you mount make complete shipment to min, on your promised delivery date as noted. Time is of the isomers. Delivery and performance most he effected within the time stall on the purchase order and the documents muched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this Provision. In the event of any delay, the Purchmer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Mid holding the Seller liable for damages. However, the Seller shall rent be liable lot damages as a result of delays due to causes not ressombly foreseesble which am beyond its reasonable conlost and witbut its fault of negligence, such acts of God, acts ofcivil or military authorities, govemmennal priorities, fires, strikes, flood, epidemies, wars or Mots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thereof In the went of my such delay, be data of delivery, shall M extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants but all goods, articles, materials and work covered by this order will counter with applicable drewings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in areardance with accepted standards for work of a similar nemm. The Seller agrees to hold the purchaser umtleas from any loss, damage or expense which me Purchaser may suffer or incur on account of me Sellers breach of warmny. The Seller shall replace, repair or make gad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time to may be proarobd by law or by the terms of my applicable warranty provided by the Seller afer the date of acceptance of the goad furnished hereunder (acceptance not to M unreasonably delayed), resulting fmm imperfect or defensive work done or mmmals frmishd by the Seller. Acceptance or use of good by the Purchaser shall not constinate a waiver of any claim under this warranty. Except ns otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately canned by the breach ofany of the foregoing waramies or guamm,s, but such liability shall in no event include loss of pefts 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 terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the menu, oler than legal terms, including additions to or deletions freer the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may m any time by written change order, terminate this agreement as to any or .11'oniom of the good then not shipped, subject o any trouble adjustment between the Parties as to any work or materials then in progress provided (bar the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pamon of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stack. No such mormu Lion shall relieve me Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he wmned within thirty (30) days fmm the dam the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants Out all goads sold hereunder shall have been produced. sold, delivered mod famished in strict compliance with all applicable laws and regulations as which the goods are subject. The Seller shall execute and deliver such documents m may M required m effect or evidence compliance. All laws and regulations required to he incorporated in agmements of this chamater are hereby mou meted heroin by this reference. The Seller agrees to indemnify and hold be Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither lorry shall assign, mamfer, or mmay this order, or any manias due or to beconm due hereunder withour the poor women consent of be other party. 10. TUTE. The Seller commit it full, clear ad umesmned title to do Forefather for all ryuipment. materials, and items famished or performance of this agreement, free and clear of any and all lieru, restrictions, examinations, security interest ecmnbrances and claims ofatMrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs be Seller to correct nonconforming or defective goods by a date to bd agreed upon by the Purchaser and the Seller, and the Seller Nersafrer indicates its inability or wwillingness to comply, the Purchaser may cause the work to M performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sell, shall release the Purchaser and its entrmtors of my net from all liability and claims of My rmmre resulting fmm be Performance of such work. This release, shall apply even in the event of fault of negligeuce of the parry ref d and shall extend to the directors, olRccrs Band employees ofsurh party. The Sellers contractual obligations, including warranty, shall not M deemed as be reduced, in any way, because such weak a Performed or caused to bd performed by the Purchase. 14. PATENTS. Whenever the Seller is mquimd to use coy design, device, =efial or peocess covered by letter, patent, ttaderre rk or copyright. the Seller shall indemnify and save homeless be Purchaser from any and all claims for infringement by reason of the use of such patented design, desire, material or process in connection with the contract, and shall indemnify, the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or oiler the completion of Ou work. In ruse said egwpmmt, or any par thereof in the intended use of the goods, it; m such suit held to cemtitum infringement all the use of said ryl ip rent or port is enjoined, the Seller shall, at its owe expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same aids substantially equal but no mfiringing cqimposed, or Modify sou becomes mniaMnging. 15. INSOLVENCY. If the Seller shall become insolvent m b ralmpl, make an assignment for be beefir of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith M canceled by the Purchaser without liability. iE GOVERNING LAW. The definitions ofterres used or the interpretation of the agreement and the right, of all parties hereunder shall be command under and governed by $e laws oft State of Colorado, USA. The following Additional Conditions apply only in cases whose the Seller is to perform work Member, including me services of Sellers Represcomi e(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk wtil the same is fully completed and accepted, and dull, in e of any accident, destruction or injury m the work author mstenals before Sellers final completion and acceptance, complete the work at Sellers own expense and M the satisfaction of me Purchaser. When materials and equipment are famished by others for installation or station by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under me order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of waders compensation, including Occupational disease benefits, to its employees employed on or in connection with $e work covered by this purchase oaken and/or to their dependents in accordance with the laws of the sure in which be work is to M done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 8500,00ro for any one accident and property dumage limit per accident of S400,000. The Seller shall likewise require his untraclon, if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, me Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance eve been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees Out such compewtion and insurance shall M maintained until after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire a ux,rusibility and liability far any and all damage loss or injury ofany kind or nature whensoever to persons or property caused by or resulting from the execution of be work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees free end agalmt any and all claims, losses, damages, charges or expenses, whether direct or indirect, ad whether to persons or property m which the Pumhas, may be put or subject by reason of any art, action, neglect, omission or default on be part of the Seller, any of his contmeton, or any of the Sellers or contractors officers, agents or employees. In case any suit or oak, proceedings shall be brought again the Purchaser, or its officers, agents or employees at any time on account or by reason of my act action, neglect, omission or defanit of be Seller of any of his contractors many of its or their officers, agents or employees res aforesaid, the Seller hereby agrees to assume the defense themhf and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and office expenses, any and all judgments Out may M 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 case judgment or other lira be paced upon or obtained against the pioneer, of the Purchaser, or said parties in or as a result of such suits or other proceedings, be Seller will at once raw the same to M dissolved and discharged by giving bond or otherwise. The Seller and his contractors cull sake all safely precautions, fads, and install all guano necessary for the prevention of accidents, comply with all aws anti regulations with regard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03n0IO