Loading...
HomeMy WebLinkAbout487505 SPOKES BUZZ FORT COLLINS - PURCHASE ORDER - 9142110Fort of Date: 04/1512014 Vendor: 487505 SPOKES BUZZ FORT COLLINS 227 HAWKS NEST WAY FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142110 101`2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/14/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 EHO Grant Agreement Band Swap 'JI t/ Iai 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 1 LOT LS 20,000.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I L 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 ratan and conditions tremor, failure or delay to Internal Revenue Denver, Colorado (Ref Calnmdo Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall nOt release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the damage in mansir, may be returned to you for credit and are not to be replaced except upon receipt of w ffm purchaser to ins car upon mitt perfon cri hereofor any of its rights or remedies as to any such goads, regamleas intuitions fmm the City of Fon Collins. of whm shipped, received or accepted, As to any prior or subsequent default hereunder, nor shall any purported oral modifestivn or remission of this purchase older by the Purchaser operate as a waiver of any of the remits Inspection. GOODS ate subject to the City of Fon Collins inspection on arrival. hermf. 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 pan of the City of Fall Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent .,on completion ofall applicable required impaction procedures. violations are in feet home by the Purchaser.Then..mm, for good cause and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be TO IT, Ciry of Fon Collins, 700 Wood Sr, Fan Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the Particular goods or services Otherwise specified on this Or If permission is given to prepay freight and charge separately, the original freight purchased or Acquired by the Purchaser pursuant to this purchase order. bill most accomoanv invoice. Additional thromes for nackine will not be accepted. Shipment Distance. %Tom manufacturers have distributing points in various pans of the country, shipment is expected fmm the nwrtst distribution most to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pemrirs, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cunstimted public authority having jurisdiction over the work of vendor Seller runher v,,,a, to hold the City of Tom Collins harmless fmm end against all Ratably and lass incurred by them by reason of ea asserted or established violation of any such laws, regulations, ordinances, tales end requirements. Aufmissawn. All panics to this contract agree that the representatives art, in fear, bona fide and possess full and complete authority to bind said probes. LIMITATION OF TERMS, This Purchase Order expressly limits aceepmnce cat the terms and cone ilians Amex] herein sal bank and any .mpplememary or additional terns unit conditions annexed hereto or inempommd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou contract make complete shipment An stave on your pmmised delivery date as noted. Time is ofthe essence. Delivery and performance must be eflbeted within the time stated on the purchase order and the documents attached hamm. No acts of the Purchasers including, without [imitation, acceptance armorial late deliveries, shall marine As A waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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,, rouses at remmnably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governments] Poland", tires, strikes, flood, epidemics, wars or hots provided thal 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 event of any such delay, the date of delivery shall tK extended for the period equal to the time normally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmenals red work covered by this order will conform with applicable drawings, sumo fications, 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 standard for work of a miler rurma. The Seller agrees to hold the machmer harmless from any loss, damage or expense which the Purchaser may suffer m incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair car make good, without cost to the purchaser, 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 team of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereamser (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or materials finished by fe Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 warranties or guarmews, 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 Purchaser may make changes to legal temp by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser carry make any changes m the rands, other then legal terns, including additions m or deletions fmm the quamian originally ordered in the specifications or drawings, by verbal or women change order. If any such change aff cs the amount due or the time ofoo fatmancc hereunder, An equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may At any time by written change order, terminate this agreement us to any or all punions of the goods then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not M liable for any claims for anticipated profits can the uncompleted portion of the good mi work, for scidenml or consequential damages, and that no such adjustment he made in favor of the Seller with respect many goods which art the Sellers suadard stock. No such ternmatmn shall relieve the Purchaser or the Seller army offeir obligations As to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for wEadmara must be asserted within filly (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered And famished in said omplianee with all appliesble laws and regulations 1. which the goods are mbjm. The Seller shall execute and deliver such documents as may he requited to eOmt or eidawa compliance. All laws all nallatore me,urad m b< ncorpomled in agreements of this character Am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all mats and damages suffered by the Purchaser As a result of the Sellers failure as comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the pear wdaen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser fin all equipmend. AmmiaH, sad it. famished I. Mr.. of this agreement, free and clear of any and all liens, mtronom. tesmadons, security intent encumbrances and claims ofolhom 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to vermad nonconfarmwg car deficrime goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter 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. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any carom resulting fmm the performance of such work. This release shall Apply even in the Bent of fault of negligence of the party released and shall extend to the directors, oRcere And employees of such party. The Seller's commictnal obligations, including wasaway, shall not be deemed to be reduced, in any way, hansom such work is Performed or caused to M perfonmed by the Pumhaser. 14. PAT'HNIS. Whenever the Seller is required to use any design, device, matanal or process covered by letter, patent, trademark or copynght, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by rmsan of the use of such patented deign, device, material or process in connection with the contmet, and shall indemnify the Pu¢huer for any cost, expense or damage which it may h obliged to pay by reason of such infringement at Any time during the prosecution or after the completion of the work. In now said equipment, or any pan thereof or the intended now of the goods, is An such suit held to constitute infringement and the use of said equlpmertt at pan is enjoined, the Sella shall, at its inn expense arm at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the mine with substantially equal but noninfonging equipment, or modify it as it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or harampt, make an assignment for the benefl of creditors, appoint a or trustee for any of the Sellers property or business, this older may forthwith be canceled by the purchase, purchwithout liability. 16. GOVERNING LAW. The definitions of to. used ar the muff admion i f the agreement end the rights ofail Ponies hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rep exantative(s), on me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any Accident, destruction m injury 1a the walk And/or materials before Sellers final completion and acceptance, complete the work At Sellers own expense and to the s disfacu.. of the Purchasar. Whom rimmax, And equipment Am famished by others for installation or marina by the Seller, the Seller shall receive, unlmd, slow and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller coder the order. 18. INSURANCE. The Seller shall, at his own expense, pmvide far the payment of walk. compematioa, including occupational disease beliefs. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry compreha sive gmeml liability including, but tut limited tat, comment anal macerabile public liability insumnce with bodily injury and deaf limits of at least S300,000 for any one person, S500,00) for any one Accident And property damage limit per Accident of SHORM. The Seller shall likewise requite his swomcmm, H any, Or provide far such compemation and millance. Before any of fe Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ocnitcaes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify, the elute when mch emopecconn and m onamw expires. The Seller agrees thin such compensation and insurance shall be maintained until after the mature work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the,nlim responsibility and liability for any and all damage, loss or injury of any kind or ratm , whatsoever to persons or property caused by or resulting from the execution off, work provided for an this purchase rider or in mmection herewith. The Seller will indemnify and hold harmless the purchaser And any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, wba her direct or indirect, and whether to persons or property to which the Purchaser may be pat or subject by mumn of any act, action, neglect, omission car defaull on the pan of the Selleq any of his contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit o other proceedings shall be bmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of any an, Aclime, neglao, omission or default of the Seller of my of his eventual or arty or its or fah officers, egens or employees as afom.id, the Seller hereby agrees to asmura the defense thereof and to defend the Arms, at the Sellers own expense, to pay any and all costs, charges, rat omeys fees and other expenses, any and all judgments that may be, incurred by or obtained against the Purchaser or any of is or their officers, Agents or employees in such mis m other proceedings, And in case judgment or other him be placed upon or obtained against the property tribe 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 docharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of Accidents, comply with all laws and regulations with regard to safety including, but without limitations, the Occupational Safety and Health Act of 1970 and all tales And regulations issued pursuant them.. Revised 03a010