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HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9142325Fort Collins PURCHASE ORDER PO Number Page 9142325 1of2 This number must appear on all invoices, packing sli s and labels. Date: 04/25/2014 Vendor: 461405 Ship To: CITY MANAGER TREBUCHET GROUP CITY OF FORT COLLINS 405 MASON CT SUTIE 113 300 LAPORTE AVE FORT COLLINS CO 80524 CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 04/25/2014 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price EHO Team Facilitation 1 LOT LS 7,500.00 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 $7 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 Fart Collins is exempt fiom state and local taxes. Our Exemption Number is 98-I9502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stories 1993. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage la transit, may be resumed m you for credit and are not to b t replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS art subject of the Ciry of Fan Collies inspection on mind. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in aulle nand payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is deproll upon completion of ell applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Fan Calif., Top Wood St, Yoh Collins, CO 80522, ualess Otherwise Specified on this order. ifpemrission is given to prepay freight end charge separately, the migiral freight bill must accompany im"oice Additional charges for packing will not be amepted. Shipment Distance Where manufanurers have distributing Points in various parts of the country, shipment is expecred from the nearest distribution point of destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at Sellers sole cast it necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the sore, municipality, territory or political subdivision where the work is performed, or required by any other duly constilated public authority having jurisdiction over the work Of vendor. Sella further agrees to hold the City of Fort Collies harmless from and appiwr all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, principles, doles and requirements. Authonicatio s. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and omelets authority to bind said panic,. LIMITATION or TERMS. This Purchase Order expressly limits accepance to the terms and conditions staid herein set forth and any supplementary or additional corms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions propwd by sclle, art objected to and hereby r jened. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your Promised delivery, dito as nerd. Time is of the essence. Delivery and pcif... must he eRecmd within the rime slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provide.. In the event of any delay, the Purchaser shall have, in addition to other legal rand equitable remedies, ,he optifn of placing this order elsewhere and holding the Seller liable for damages. Howcveq the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable refund and without its fault of negligence, such all, of Gd, ace of civil or military authorities, govemmenm) prionties, fins, strikes, hood, epidemics, wars or rims provided that if. of the conditions cawing such delay is given of the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the pctid equal as the time actually Ins, by reason of the delay. 3. WARRANTY. The Seller warrants that all goals, articles, materials and work covered by this order will conform with applicable drawings, 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 accordance with accepted modards fur work of a 'milt nature. The Seller agrees to hold the purchaser hmmless from any loss, damage or expense which the purchaser may sufferer incur on account of the Sellers breach of awrromay. The Solicited] replace, repair or make goad, withot car. 1. the pureftersea any defects or faults arising within one (1) year or witNa such longer pond of time as may be prat Ted by law of by the terror Of my applicable warranty provided by the Sella after the dare of accepanw of the goods fumuhed hereunder (acceptance not Io be commonality delayed), resulting from imperfect or defective work done or matenas finished by the Seller. Acceptance or we of goods by the Purchaser shall col 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 imsimately caused by the breach of my of the foregoing warranties or goomatees, 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 m.y make changes in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the more, other Nan legal terse, including additions to or deletions from the quantities originally ordered in the admificome s or drawings, by verml or woman change order. If any such change affects be ...an, due or the If., of performance hereunder, an equitable adjustment shall h merle. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or ell ponians of the goods then no, shipped, subject of any equitable adjustment between the parties as to any work of materials Wen in progress provided that ter, purchase Shall ram he liable for any claims for anticipated Pmfis on We uncompleted ponies of We good, after., work, for incidental or cowaluendal damaga, od Wert no such adjustment be made in favor of the Seller with respect o any goods which are the Sellers formal stock. No such mrmi,mtion shall relieve the pu¢hasm or the Seller ofany of Weir obligations as as any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the &te the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warruts Nat all goods Sold hereunder shall have been produced. Sold, delivered and fumishd in strict compliance with all applicable laws and regulations to which the goods are subject. ITS, Seller shall execute and deliver such documents at may be required to effect or evidence compliantt. All laws and regulations required to he incorporated in ag oomens of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pantheistic harmless from all cows and damages suffered by the Purchaser as a result of the Sellers failure to comply with Such law. 9. ASSIGNMENT. Neidner party, shall align, number, or convey this order, or any monies due or to become due hereunder without the prior winners consent .1-the other parry. 10. TITLE. The Sella warrants full, clear and muaocted title to rise Purchaser for all equipment, materials, and items famished in performance, of this agreement, prove and clear of any and all liens, restrictions, reservations, security interest eneumbaln.es and claim, mothers. 11. NONWAIVER. Failure of the Purchaser to insist upon shirt performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of. breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser of insist upon stir, peifmmaace hereof., any of its rights or remedies as Ins any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, tour shall say purposed call modification or rescission of this purchase order by the Purchaser operate as a waiver of my of ter below ismadf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella, Sad the Purchaser occugnim that in actual economic practice, overcharges resulting from around violations are in fact home by the Purchase, Theretofore, far good cause and as consideration for executing this porchare order, the Seller hereby assigns to the Purchaser coy and all claims it may now have or hereafter acquired under fedeall or state antitrust laws for such overcharges relating m the particular goods or services purchased at acquired by the Purchaser pursuant of this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dialers the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Selleq and the Sella thereaner indicates its inability or unwillingness to comply, the Purchaser may muse the work to be Performed by the most expeditious means available to it. sad the Seller shall pay all rows associated with such work. The Seller shall release the Purnmer and its contractors of any tier from all liability and claims of any mature resulting from the performantt of such work. This release shall apply even in the event of fault of negligence of the parry ciliated and shall extend to the directors, officers and employees of such party. The Seller's contracmel obligations, including warranty, shall Out be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Patricia. 14, PATENT'S. Whenever the Seller is required to use any design, device, material or process covered] by Inter, p.fear, hden..d ropyrigln, the Seller shall indemnify and se hmmless the Purchaser from any and all claims for infringement by save reaon of the lose of such pmenNd deli m, device, material or prowess in cnmmenion with the commer, and shall indemnify the Pashase, for any cost, expense or damage which it may be obliged a pay by reason of such infringement at any time during the pmsecuhmn or after the completion of the work. In case Said equipment, or any pan thereof or the intended we of the goads, is in such suit held to sanstimm 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 fight to continue using said equipment or pans, replace the same with substantially equal but noninfroging equipment, or modify it sat it becomes naninfringing. I S. INSOLVENCY. If the Seller shall become insolvent Or baMmpt, make an assignment for the Scruff of creditors, appoint a or Irwfee for my of the Sellers property or business, this order may forthwith be canceled by the PurcMser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of ell parties hereunder shall be contained 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 Repreunmti,obd. on the premiss ofmans. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on Said work at Sellers pun risk util the same is fully completed and twceymd, and shall, in se of my accident destruction or injury to the work amVm materials before Sellers fall complesion and acceptance, complete the work at SSllers own expense and to the satisfaction of the Purchaser. When materials and equipment art fmished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seiler shall, at his own expense, provide fro the pay cared of workers compensation, including occupational disease benefits, m its employees employed on or in connection with the work srovertd by Nis l urchae order, printer to their dependents in accordance with the laws of the sate in which the wok is to be done. The Seller shall alas carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bwlily injury and death limits of at least E30J,000 for any one person. Sion." for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such compensation and in e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shell flunish the Purchaser with a cenlficam that such comporbactions and insurance have been provideri. Such certificates shall specify the date when such compensation and interface have been provided. Such certificates shall specify the data when such compensation and inamera a expires. The Seller Spaces Nat such comporwatims and insurance shall be mnumna d until ann the entire wok is fampleed Said accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any and all damage, has, or injury ofany kind r nature whafteaver to persons or property caused by or totalling from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdeas the Purchaser and any r all of the Purchasers officers, agents and employees from and against any Said all claims, lasses, denagm, charges or expenses, whether direct or indirect, and whether to persons or property as which the Purchaser may be par or subjec, by reawn of any act, action, region, omission or defaul, oa the Pan of the Seller, any of his contactors, or any of the Sellers or mntrstow officers, agens or employees. In dose any suit or other precon iags dull be brought against the Purchase, or its officers, agents or employees 0 any time on account or by rtwan of any act, action, neglen, omission or default of We Seiler of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and so defend the same at Sellers own expense, to pay any and all toss, charges, attorneys fees and offer expenses, any and all judgments that may be incurred by or obtained against the Purchase or any ar its or their office, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of fie Parham, of said parties in Or us a result of such auto or other proceedings, the Seller will at matt cause the same to be dissolved and discharged by giving bond or otherwise. The Seller atN Inks contactors shall take all Safety precautions, famish and round all guarts mressary for the prevention of acciderul comply wiN all laws and regulations with regard to safety including, but without limitation, We Occupational Safety and Health Act of 1970 and all rules Saud regulatiss i,aued pursuant thereto. Revised 03MIO