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HomeMy WebLinkAbout536953 WILDLIFE CONSERVATION SOCIETY - PURCHASE ORDER - 9142607Fort Collins PURCHASE ORDER PO Number Page 9142607 1of2 This number must appear on all invoices, packing sli s and labels. Date: 05/09/2014 Vendor: 536953 Ship To: COMMUNITY DEV & NEIGHBORH WILDLIFE CONSERVATION SOCIETY CITY OF FORT COLLINS ATTN: DR SARAH REED 281 N COLLEGE AVE 301 N WILLSON AVE FORT COLLINS CO 80521 BOZEMAN MT 59715 Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Service Agreement 1 LOT LS 12,847.00 Consulting Natur in the City per agreement dated 5-5-14 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2of2 L COMMERCIALDETAILS. Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER 98404502. Federal Excise Tax Exemption Cendierse of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist on strict pedormanre of the terms bad conAtiorts hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado 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 herewder or approval or the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure w meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shut] net be deemed a waiver of any tight of the damage in transit, may be resumed m you for credit and are not to be replaced except upon receipt of written purchaser It insist upon strict performance hereof or any of its rights or remedies as in any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or sub rqumt default hereunder, nor shall any purpaned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Im,adiou GOODS are subject to the City of Fort Collins inspection oa arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resporte to Ibis meet ran result in 12,ASSIGNMENT OFANTITRUST CLAIMS - suthmiaed payment on Re For of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual anis practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Monarchism, for good cause and as consideration 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 mast be F O.B., City of For Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under but or state antitrust laws for such overcharges relating to the particular goods or services othewise specified on this order. 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 must accompany invoice. Additional charges for packing will not be occurred. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whew manufacturers have distributing Points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective We& by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess frou h, will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ate made from greater distance. may rams the work to be pufnrmed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at ambers auto cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and toles of the smoq municipality, terhory or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any immure the work is performed, or raptured by any other July constituted public authority having Introduction over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of For Collins harmless tiom and against all liability end loss incurred by them by reason of an nssened or established violation of any such laws, regulators, ordinances, rules This release shall apply ,on in the event of firm, of negligence of the parry released and shall extend to the .it requirements, directors, officers and employees of such Tandy. Authurization. All panics It this conlmd agree that the representatives are, in fact, bone fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to In, reduced, in any way, because complete amhoriry to bind said parties. such work is performed or mused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set Earth and any supplementary or additional terms and conditions annexed hereto or incorporated 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 immedimely tryout cannot make complem shipment to naive on you, promised delivery date as need. Time is of the assume. Delivery and performance most be expced within the time stated on the purchase order and the document attached hereto. No acts of the Purchasers including. without Insurance, acorporate ifpartiallam deliveries, shall operate as a waiver ofthis provision. In the event crony delay, the Purchroor shall have, in addition to other Icgal orb equitable remedies, the option of plating this order elsewM1ere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to muses not reasonably Poresemble which are beyond its reasonable eomrol and without its fault of negligence, such act of God, ud of civil or military authorities, governmental priorities, fires, shakes, flood, epidemics, wars or not, provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller If,,, received knowledge therm[ In the event of any such delay, the date of delivery shall be extended fur the period equal to it,, time actually Ion by rmson ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples buffer other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any Into, damage or expense which the Purchase, moy suffer or ineu, on account of the Sellers breach of waramy. The Seller shall replace, repair or mRe good, without fair to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the Jane of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goads by the Purchase, shall not constitute a waiver of any claim under Ibis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximamly caused by the breach of any of late foregoing warranties or guarantees, but such liability shall in no even, include lass of profits or lass of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temrs by woven change order 5. CHANGES IN COMMERCIAL TERMS. Tim Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrven change order. If any .such change offer,, the amount due or the time ofperfrmumsee hereunde, an aprostale adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any into by written change core, ¢mtmme this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted random of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of tM1e Seller with respect to any goods which are the Sellers staushad stock. No such formulation shall relieve the Purchaser or the Seller affray oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In be uninformed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser to a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, brother, or convey this order, or any monies due or to become due hereunder without the prior wnven cement ofthe other party. 10. TITLE. The Seller warrants full, clear and=ur memd title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and dear of any and all liens, restrictions, reservations, secwry interest encumbrances and claims of others. 14, PATENT S. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save barmlas the Purchaser from any and all claims far committeeman by reason of the use of such patented design. device, contend or process in connection with the contract, and shall indemnify the Purchaser for any fair, expense of demoge which it may be obliged to pay by reason of such inGngemem at any time during the prosecution or after the completion of the work. In case said equipment, or any pan tl,,.f or the intended use of the 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 and at its option, burger procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but neninGnging equipment, or modify it so it becomes mainlringing. 15. INSOLVENCY. If the Seller shall become insolvent or bord:mpl, make an assignment for the benefit of creditors, appoint a or ttusme 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 terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be consumed under and governed by the laves of the Some ofColumdo, USA. Ilse fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representations), on the premises of others. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, deduction or injury to the work and/or materials bet Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases When materials and equipment are furnished 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 Seller shall, at his own expense, provide for the payment of workers compensation, including omupamonal disease benefit, 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, c napreM1eneive general liability including, but not limited to, contractual and automobile public ]natality triton e, our, bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or contmctors employees shall do any work upon the premises of others, the Seller shall fbri sh the Purchaser with a certificate that such compei cation and insurance have been provided Such a amorres shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date whan such compensation and ins Thcompensation expires. e Seller agrees that scab compeation and insurance shall be maintained until after the entire work is completed and anti,, . 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assnmes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wha tom er to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will iademefy and hold harmless the Purchaser and any r all of the Ptrchanen oRicets, agents and employees from end against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the part of the Seller, any of his contmctors, or any of the Sellers or contractors oRcem, agents or employees. In case any suit or other proceedings shall be brought against the Purchases or its officers, agent or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of it or their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys 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, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or cbmined against the property of the Purchaser, or said ponies m or as a result of such suits or offer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contmctors shall take all safety precautions, famish and install all gourds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 0312010