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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9142353PO PURCHASE ORDER 914235er Page CI�/ of PURCHASE 9142353 1012 ' `t Collins I Ms This number must appear ` �.I ` 1 1 on all invoices, packing sli s and labels. Date: 04/29/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 Ship To: COMMUNITY DEV B NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 04/28/2014 /Buyer: ED BONNETTE Note: . a,,. ,y .�„t Line Description Ordered UOM Unit Price Price i CSU Programming Expense /HBORHOOD LS 5,050.80 Fall 2013-Spring2014 PAYING INVOICE #CLPROG0414 FOR BETH SOWDER; NE SERVICES. 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.00m 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 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Capital is exempt from state and heal taxes. Cur Exemption Number is 11. NONWAIVER. 98-01503. Federal Excise Tax Exemption Cenifwte of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamps 1973, Chapter 39-26, 114 (a), emmin 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 blame the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speificatlons, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he demos a waiver of any right of the damage in hmmit, may be resumed to you for credit and ie not to be replaced except upon receipt of written purchasa b insist upon strict peiformzna hereof or any of its lights a remedies re m any such gouda, regardless instructions from the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any minimal oral modification or rescission of this purchase order by the Purchauf operate as a waiscr of any of the warty Impaction GOODS art subject to the City of Fora Collins inspection on arrival. Itertuf. Final Acceptance. Receipt of the merchandise, lariats or equipment in response an this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser neognim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and of consideration for executing this purchase order, the Seller hereby assigns to the Parchaser any and all claims it may now have or hereafter Freight Tam. Shipments most Ee F.O.B., City of Fan Collins, 900 Wood St., Fun Collins, CO 80522, unless acquired codes federal or state i ntimmt laws fan such overcharges relating to Ne panicular goods or services otherwise specified on Nis order. Hpamisaion is given to prepay freight and charge separately, the original freight manhood or acquired by the Purchaser pursuant m this purchase order. Fill most accomoanv invoice. Additional chances fan oackine will not be accented. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is expected from the natal distribution paint to deffirarion, and excess freight will M deducted fmm Invoice when shipments are made from greater distance. Pemrits. Seller shall p..a in sellers xale net all necessary permits, maiicates and licenses confined by all applicable laws, regulations, ordinances and sales of the seat, municipality, territory or Political subdivision where file work is perforated, or requiM by any other duly constituted public authority having jurisdiction over the work of vendor. Sella Rubber agrees to hold the City of Fan Collies harmless fmm and against all liability and loss imaoros by them by mason of an asserted or established violation of any such Jews, regulationx ordiwnecs, tales and requirements. Authentication. All panics to this contract agree that the representatives art, in fact, bona fide and possess full and complete authority to bind said ponies. ;.IMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions seated herein set forth and any supplementary or additional arms and conditions annexed hereto or incorporated herein by reference. Any Widened or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date re noted. Time is of the essence. Delivery and performance most be effected within the time mid on the purchase order and the documenm attached hereto. No ace of the Purchasers including, without limitation, acceptance official late deliveries, shall inert, m a waiver of this provision. In the event of any delay, the Pachuca shall have, in addition m other legal and equitable remosies, the option affiance 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 to causes nose reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, spikes. Bond, epidemics, wars or tints provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereat. In file Occur of any such delay, the date of delivery shall be, extended for Ne period equal to Ne time actually Trot by reaeu fthe delay. 3. WARRANTY. The Seller warrame that all goods, article, materials and work cWtual by this order will cennfomm with applicable drawings, specifications, somple, 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 stadads fir work of a similar nature. The Sella agrees to hold the purchaser hart fmm any loss, damage or expense which the Purchaser may sufferer incur on account ofthe Sellers bench of warmnfy. The Sella shall replace, repair or rake good, without cost to the purchase, any deRem or Runs arising within one (1) year or within such longer period of time as may be pmcribed by law or by the terms of any upplicable warranty provided by the Seller after the date of ucerytance of the goods fumishsl hereunder (acceptame Out of be unreasonably delayed). resulting from impart t or defective work done or materials famished by the Sella. Acceptance or we of goods by the Purchaser shall not onstiwte a waiver of any claim under this womanly. Except as otherwise provided in this purchase under, the Sellers liability 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 ofprefits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Putchaer may nuke change ro legal pram by wri an change olda. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the gaamities origrwlly Ordered is the specifications or drawings, by verbal or wren change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. the Purchasa may at any time by wtinal change order terminate this agreement m to any or all portions of the goods then not shipped, subject to any examosble adjutment betiveen the panics as to any work or materials then in progress provided that the Purchaser shall not h liable for any claims for anticipated pmfts on the uncompleted Pension of the goods andor work, for incidental or mnwspientul damages, ad that no such adjustment be made in favor of the Seller with recover to any goods which art fire Sellers saMald stack. No such mrmmustiou shall relieve the Purchaser or the Seller of any oftheir obligations m to any goods delivered hereunder. f. CLAIMS FOR ADJUSTMENT. Any claim for djuslment must be exacted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrenm that all good sold hereunder shall have been produced, sold, delivered ad furnished in stun compliance with all applicable Jews and regulations to which the goads ere subject The Seller shall execute and deliver such documens as may be rryuiad no effect or evidence compliance. All laws add regulations required to be, incorporated in agreements of this characta are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suRered by the Purchaser m a molt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitba party shall affirm, transfer, or convey this older, or any monies due or to become due hereunder without the prig written emblem ofthe other Airy. 10. TITLE. The Sella warrants full, clear and unmanned title Ira the Purchafier for all equipment, nratetias, aM it. bandstand in performance of this agreement, free and clear of any and all lierm, restrictions, amen mm, security inremt encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct noncoof ing or defective goods by a dale to be agreed upon by the Purchase, and the Seller, and the Seller thereafter indicates its inability or nnwillingness to comply, the Purchaser may cause the work to be paformcd by the most expositions means mailable to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature ..In g from the perfammance of,.h work. This release shall apply even in like runt of fault of negligence of the many rebuffed and shall extend to frc directors, officers and employees of such party. The Seller's contour mall obligations, including warranty, shall not be deemed m be island, in any way, because such work is Performed or caused to In, Terfrmed by the Purchaser. 14. PATENTS. Whenever the Seller as required in use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save Fearless the Purchmer from any and at I claims for infringement by reason of the use of such patented design, device, material a process in earmedion with the cuntram, and shall indemnify the Purchma for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time doing the prosecution or after the completion of the work. In case said ryuipment or any pan thereof or the intended use of the goods, is in such suit held b constitute infringement and line use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or Parts, replace the same with substantially equal bill naninfringing equipment, or modify it sec it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent at bankrupt. make an assignment for the benefit of credlmrs, appoint a receiver or trustee for any of the Sellers pnmpary or business, Nis Older may foMwith h canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights aid[] patties hereunder shall be on bond under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the service of Sellers Repesentative(s), oa Ne plains. oforhors- IT. SELLERS RESPONSIBILITY. The Seller shall carry era said work at Seller's an risk .,it the same is fully completd and azcrytd, and shall, in case of any accident, destruction or injury to the work and/or mmenials before Seller's iffral completion and acceptance, complete the work at Seller's own expense and to Ne satisfaction of the Purchaser. When materials and equipment are famished by others for installation or cration by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor m though such namrials .&a, equipment were being fumishos by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers ampensatio, including occupmianal disease bancfu, ro its employers employed on or in cmmeaion with the work covered by this purchase Order, anger to their depandenu N accordance with the Jews of the sate in which the wait is m be done. The Sella shall also carry, compreheosive general liability methdmg, but Out limited to, announced need and automobile public liability insurance with bodily injury and death limits of at least 5300,004) for any onre ason, $500,000 for any ere .,ideal and property damage limit pa accident of S400,000. The Shcaryui shelf likewise rre his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall de any work upon the premises of mhers, the Seller shell furnish the Purchaser with a cebificate that such compensation and insummce have ban Provided. Such nmificma shell specify the date when such compensation and insurance have ban provided. Such eadificata shall specify the die when such compensation .it insumnee expires. The Sella agrees Nor such compensation and insurance shall be rmi.ima unfit afia the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the emir responsibility and liability far any and It damage, loss or injury of any kind or nature whatsoever to persons, or property caused by or resulting Room the execution of the work provided for in this purchase order or in correction herewith The Seller will indemnif and hold harmless the Purch.a and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to p=om or property to which the Purchaser may Is, Put or subject by mason of any act, action, neglect omission or default an the pan of the Sella, any of his ..,.mars, o any of the Sell= or contractors officers, agents or employees. In raze any suit or other proceedings shall be brought against 0p Pannonia, or its oRrm, agents or employers at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid file Seller homily agrees in assume Nv defense thereof and in defend the same at the Sellers own expense, to pay any and all costs, ebarga, anamrys fees and other expenses, any and all judgments that may be, 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 lien by placed upon or obtained against fire property ofthe Purchaser, or said pities in or as a null of such suits or other proceedings, the Sella will at once taus, the some to he dissolved and discharged by giving hoed or otherwise. The Sala and his contractors shall rake all safey governimm, fiunish and install all guard necessary for the pmrndon of accidents, comply with dl Jews id regulations with regard as safety including. but without lirdtafo, the Occupational Safety and Heath Act of 1970 and all tales end regulmosel issued picas thereto. Revised 03Q010