HomeMy WebLinkAbout519677 POUDRE COMMUNITY ACADEMY - PURCHASE ORDER - 9142951City of
Frt Collins
Date: 05/2312014
PURCHASE ORDER
Vendor: 519677
POUDRE COMMUNITY ACADEMY
2540 LAPORTE AVE MOD 5A
FORT COLLINS CO 80521
PO Number Page
9142951 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 05/23/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 APP Transformer Cabinet 2014
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
1 LOT LS
450.00
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
L COMMERCIAL DETAILS.
Tax exemptions. By swum the City of Fan Collins is exempt farm paternal local txa. Our Exemption Namibia is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Can ficote of Registry 84-6pal is registered with the Collector of
Failure offer Purchaser to insist upon strict perfomanm of the terns and conditions hnmr failure or delay to
Inkmal Bestow. Deaver, Colorado BELL Colorado Revised Stamm 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, tM axeplance of., payment for goods hereunder or approval ii design, shall Out release fe Seller of
Good Rejected. GOODS REJECTED due It failure a to spaificarions, either when shipped or due to defects of
any of the warranties or Ofther ioa t of this purchase order and shall nut be deemed is waiver of any right of the
damage in transit may be mumed to you for credit and are at to be reply d except upon neeipt of written
purchaser to insist upon strict pert oce hereof or my of its rights or remedies res W any such good, regardless
instructions tram the City of Fan Collins.
of who. shipped, received or iircc W, as as any prior or subsequent &fault hereunder, tmr shall any putponed
am[ modification or rescission of this purhau order by the Purchaser operate as a waiver of any of the lemss
Inspection. GOODS off subject to the City ofFoa Collins inspection an causal.
hercof.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this ome, ca ..If in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
nutMriacdaym pent on the put of the City of Fan Collins. However, it ism be understand thalr FINAL
Seller and tho Purchaser recognise that in aerial examine practice, overcharges resulting from =it=,
ACCEPTANCE is dependent upon completion ofall applicable required inspection p.data
violations are in fan home by the Purchaser. Theretofore, for good Huse and as consideration far extending this
purchau order, thc Seller hereby assigns to due Purchaser my and all claims it may now have in hereafter
Freight Teruo. Shipments mart be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins. CO 80522. unless
acquired under federal or sate contrast laws for such overcharges relating to the Particular good or services
otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant in this purchase order.
bill must accompany invoice. Additional charges for Packing will and be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipmem Dinner. Where manufacturers have distributing points in various pans of the country, shipment is
If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the neared distribution point to doomplion, and excess freight will be dedunal farm Invoice when
Purchaser and the Seller, end rue Seller thereat, indicates it mobility or unwillingness to comply, due Purchaser
shipments are made farm greater distance.
may cause the work to be perfomnd by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cast all oewssnry permits, confirm, and licenses required by'all
applicable laws, regulations, ordinances and roles of the stare, thamilpality, matory or Political subdivisimn where
the work is performed, Or requiral by any other duly consumed public authority having jurisdiction over the work
of vender. Seller further agrees to bald the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of in asserted or established violation of any such laws, regulaions, ordinances, mla
and re inumarms.
Authorization. All parties to This contract agree that he mpresemmives are, to fact bona fide and possess full rind
complete authority to bind slid parties.
LIMITATION OF TERMS. This Purchase Orda expressly limit acceptance to the tear¢ and coalitions stated
heroin sat forth and any supplaralnry or inkhos m9 terns and conditions amend hereto or incoToaled herein by
refercntt. Any addifional or different Incas and conditions proposed by seller are objected to and hereby rejxted.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immdimely if you cannot make complete shipment to arrive on your
promised delivery dare m hotel. Time is of the accurate. Delivery and pe brmpace must be effected within the time
slated on the purchase order and the document attached hefor. No aces of rue Purchasers including, w'itlmm
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the at of any delay,
the Purchaser shall have, in addilion to other legal and equitable remedies, she option of placing this order elsewhere
and aidding the Seller liable for damages. However, the Seller shall not Is, fable for damagas as a result of delays
due m causes not reasonably foreseeable which am beyond its reasmable control and without its fault of negligence,
such act ol'God, act of civil or military authorities, govemmental priorities, fires, sakes, flood, epidemics, wars or
riots provided rum fwtice of the conditions causing such delay is given to the Purchaser within five (5) drys of thc
time when Or Seller far received knowledge them( In the event of my such delay, the dam of delivery shall be
extended for the pound equal to the time aerially lost by reamn office delay.
3. WARRANTY.
The Seller warrants that all goods, articles, muterms and work covered by this order will conform with applicable
drawings, specifications, samples andtor other detentions given will be fit for file purposes Miami and
Performed with the highest degree of care and competence in accordance with acceptd standards for work of a
'milar nature. The Seller agffes to hold the purchaser harmless Item any loss, damage or expense which the
Purchaser may suffa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost to the purchaser, any defect or fault arising within one (1) year or within such longer penod of
time in may be prescribed by law or by the lerms of any applicable waran y provided by the Sella after the date at
acceptance of the goods famished hereunder (acceptanm not to be unreasonably delayed), resulting from imperf nt
or defective work done err materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall aslend to all damages proximately caused by the breach of any of the foregoing isarmature,
or guarantees, but such liability shall in no cent include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF PITNESS 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 story make any changes to the terms, other than legal moms, including additions to or deletions from
the 9camifes adgim illy ordered in the specfethion, or drawings, by verbal or wrincn change oral. If any such
change affects the amount due or the time of perfommra hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may or any time by women change order, terminate this agreement as to my or all portions of the
goods then not shipped, subject in any equitable adjustment brow am the parries as to my work or materials then in
progress provided that the Purchaser shall not be, liable for my claims for antic tarred profit on the uncompleted
portion of the good and/or work, for incidental or mosalmortial damages, and that no such ndjmtment be made in
favor of the Seller with aspect to any goods which are the Sellers standard stock. No such ¢mutation shall foliose
the Purclfasa or the Seller of my oftheir obligations as m my good delivered hereurfda.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment musl be auened within thins (30) days farm the date the charge Or laraiwtion is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations rgoiml to be
misinformed in agruements of this character arc hereby incorporated heart. by this reference. The Sella agrees m
indemnify and hold the Purchase harmless farm all cost and damages suliefod by the Purchaser as a fault of the
Sellers fall.. to comply wills such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this oNer, or my monies due or to become due hereunder without he
prior written consent of the other party.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumished
in performance of this apartment. free and clear of my and all liens, ratrictions, reservations, security interest
encumbrances and claims i fothers.
The Seller shall release the Purchaser and its cmtracmrs of any tier from all liability and cleinss of any future
resulting from the patonamee of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
duseor, Officers and employees of.meu party.
The Seler's contractual obligations, including weramy, shall not be deemed I. be reduced, in any way, because
such work is pert ored Or caused to be performed by the Purchaser.
14. PAq'ENTS.
Whenever the Seller is required to use any design, device, material or process covered by loner, patent, trademark
or copyright, the Seller shill indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for my cost, expanse or damage which it may be obliged to pay by reason ofsuch
infringement at my time during the pmrecmion or after die completion of the work. In cox said equipment or
any pan thereof or the intended use of rue good, is in such suit held to constitute infringement card the ac of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser die right to continue using said equipment or Pans, replace due same with substantially equal but
noninfringing equipment, in modify it m it becomes auniNringing.
IS. INSOLVENCY.
If the Sella shall become insolvent or bank pt make an assignment for the bmrf of creditor, appaino a
procivar or trustee for any of the Sellers property or business, this oNer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of temr used or the interpretation oftbe agreement and the right ofaH Pania hereunder shall be
comtrued under and govemed by the laws ofare Start ofColoado, USA.
The following Additional Conditions apply only in cases where tho Seller is to Perform work hereunder,
including the services of Sellers Represenmdve(s), on fie premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall mrry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in use of any accident, destruction or injury to the work and/or materials before Sellers Final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished 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 in ... h such materials undlar equipment
were being Burnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own ex crow, provide for the payment of workers compensation, including ocapationul
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
output to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but rot limited to, contractual and automobile public
liability insurance with ba ly inryry and dnth limie of at least S300,000 far any one penon, SS00,000 for any
one accident and pmperry damage limit pet accident of S400,000. The Seller shall likewise require his
contractors, n any, m provide for such compensation and insurance. Before my arms Sellers or his contents
employees shall do my work upon the premises of others, the Seller shall f ish the Purchaser with a mo ficam
that such compeaatim and insurance have boon provided. Such cacti ie ten shall specify the date when such
compensation and insurance have been provided Such vxrtifcta shall species lea date when such compensarion
and instance expires. The Seller agrees that such compensation and announce shall h maintained =mil after the
entire work is completed and accomal.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
TM Sella bemby acmmes the entire resprouibiliry sal liability for my and all damage, loss m injury of my kind
or more whauoever to persons m property cured by or resulting from the execution argue work provided for in
this purchase older for in mmatiou herewith. The Seller will indemnify and hold hornless the Purchaser and any
Or all of the Purchaser ofcers, in. and employees from and against my and rill claims, losses, damages,
charges or experfses, whether differ or ialiren, and whether fo persons or property p, which the Pmchaer may
be put or subject by reason of any act action, neglect, omission or default an, the pact of the Seller, my of his
mnectors, or my of the Seller or contractors officers, agents or employees. In eau any suit or other
proceedings shall M Enough, against the Purchaser, or it officers, in. or employees at my time oa premium or
by mama of any act, action, neglect, omission or defaull of the Seller of my of his contmnors or any of its or
,heir officers, agent or employees as aforeaid, the Seller hereby agra to .,.an the defense thereof and m
defend the same at file Sellers own 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 my of its or their ofcers,
agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will Or are cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his commaars shrill take all safety prteautions, famish and install all gmrds 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 roles and regulations issued pursuant pertm.
Revised 03R010