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HomeMy WebLinkAbout454230 MCGLADREY LLP - PURCHASE ORDER - 9143063PO PURCHASE ORDER 914306er Page C117/ O'f3063 ' of z ' `t Collins/ his number must appear ` \I 1'�7 on all invoices, packing sli s and labels. Date: 06/03/2014 Vendor: 454230 MCGLADREY LLP 331 WEST 3RD ST, STE 200 DAVENPORT IA 52801 Ship To: ACCOUNTING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 06/03/2014 Buyer: Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2013 Audit Services 1 LOT LS 28,200.00 2 2013 Audit Services 1 LOT EA 42,200.00 3 2013 Audit Services 1 LOT EA 7,500.00 4 2013 Audit Services 1 LOT EA 5,000.00 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.mm Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collin is ewn,l from ..,.and local taxes. Our Exemption Number is 98-04502. Federal Ewear Tax Exemption Certificate of Registry 84-6001 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 3986, 114 (a). Goods Reported, GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of airmen instructions from the City of Fon Collins. Inspection. GOODS are subject to be Ciry of Pan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the Fuel Of the City of Fort Collins. However, it is to be understood that FINAL. ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipman¢ most be TOM, City of Fort Collins, 700 Weed St. Fort Collins, CO m523, unless otherwise specified on this ender. If permission is given to Prepay freight and charge mporamly, the ariginul freight bill must accompany invoice. Additional charnes for cracking will nor be aceephad. Shipment Distance When manufacturers have distributing points in clinical pHs of the country, shipment is expected from the incest distribution point to destination, and excess freight will be dNueted from Invoice when shipments are made from grater distance. Permits. Seller shall procure at milers sole cost all rmecoary permits, cenl&ztrs and licenses required by all applicable laws, regulations, ondianews and miss critic state, municipality, territory or polirical subdivision where be work Or performed, or remained by any other duly cuatimmd public authority havingjurodinion over the work of vendor. Seller bMer agrees m hold the City of Fort Collins h less f and against all liability and lass mancrod by hem by reason of an assured car established violation of any such laws, regulariea, omirmces, mles and requirement,. Aubedation. All parries no this wntram a,., that the lepteser atives are, in ban, bon file and possess fall and complete authority to bind mid panics. LIMITATION OF TERMS. This Putchsse Order expressly limits warrantor, to the Owns and conditions stated loomn son fond and any supplementary or additional toms and conditions annexed hi or incaryomted herein by reference. Any additional or different is= and condition proposed by seller are objected to and hereby injected. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camwt make compam shipment m move on your promised delivery date is noted. Time is of the essence. Delivery, and performance most be effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiratim, acceptance Oriental late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall base, in addition no other legal and equitable manna , the option of pkuing this order elsewhere and holding the Seller liable for damages. Howevm, the Seller shall trot be liable for damages as a result of delays due to wows not reawably foreseeable which are beyond its reamable contml and without its fault of negligence, such acts of God acts of civil in military authorities, govemmmal priorities, fires, strikes, flood, epidemics, wars or noes provided that notice of the cotmitima causing well delay is given to be Purchncr within Five (5) days of the time when the Seller first received knowledge hoof. In the event of any such delay, the Jam of delivery shall be extended for the perind equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other descriptions given, will be fir far the purposes illendmb, and performed with be highest degree of care and competence in accordance with accepted standards for work of a 'miler Home. The Seller agrees to hold the purchaser harmless from any Ioss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purcbner, 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 of any applicable wamanry provided by the Seller able the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperiled or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall no constitute a waiver ofany claim under this waranly. 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 less of pfifts or Ioss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chance, to the ne—, other Ill.., legal films, including iddilions m nr deletions from be quentilies Originally ordered in the speifications or dnoxm,s, by verbal Or written change ..let 11any such change affect, the amount due Or the time Ofpedumwrim hereunder, rot equitable adjustment shall be moor. 6. TERMINATIONS. The Purchaser may al my time by wduen ch mgu aide, minima this agremmcm as to any or all puni0n 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 Fanelli shall not be liable for any claims for amicipaed profits on the uncompleted portion of be goods zni work, for incidental or consequential damages, and that on such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany, of their obligations as to any good delivered hereunder. T CLAIMS FOR AD3USTMENT. Any claim for adjustment must be asserted within thin, (30) days from the dam the change tar termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and frmished in strict compliance with all applicable laws and regulations to which the goad we subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorponsed in agreements Of this character arc hereby mem,ummd herein by this reference. The Seller agrees to indemnify and hold be Purchaser hums ens from all costs and damages suffered by the Purchaser n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pain shall assign, transrer, or convey this order, or any moues due or to become due hereunder without be prior wnnm consort efthe Other parry. 10. TITLE. The Seller warrants full, clear and uturstriclyd title to be Purchaser for all equipment, materials, end items famished in pedurmmce of this minima nL free and clear of any and all limn, restriction, mvmatiom, security interest mcumbrances and claims ofobers. ILNONWAIVER. Failure of the Purchaser to inset upon strict performance of the terra and conditions hereof, failure of delay to exercise any rights or remedies pAwided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or appmnal ofthe design, shall not release be Seller of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereefor any of its rights or remedies ss many such goods, regandless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser recognize that in actual economic practice, moment resulting from antitrust violations are in fact home by the Purcham Purchaser. Thcomm,nfor tgood cause and as consideration for executing this purchase enter, the Sella hereby assigns to the purehasa any and all claims it may now have Or hereafter acquired under f sh ml or state antitrust laws for such mrerelarges relating m be particular goods or services purchssed or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser shown, the Seller to correct nonconforming or del five good by a date to be agreed upon by they Purchaser and the Seller, and be Seller thereafter indicates its iwbiliry or unwillingness to comply, the Purchaser ma, cause the work robe perferined by the mast expeditious mean available to it, road the Seller shall pay all casts associated with such work. The Seller shall mean the Purebsser and its coettricmrs i f any Her from all liability and claims of any boom resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to be drum... oMet. and employees obuch patty. The Sellels commercial obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfemhed He ..it,. be perfermM by be Purchaser. 14. PATENTS. Whenever the Seller is rtquiml to use any design, device, matmal to process catered by low, parnt, madcmark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of be use of such patented design, device, material or process in connection with the contract, and shall indemnify the Peculo er far any cost, expense or damage which it may be obliged to Pay by prawn of such infringement at any time during the prosm Lion or after the completion of the work. In sure said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of Said equipmem or pan is enjoined, be Seller shall, at its awn expense and or its option, either procure for be Purchase( be right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes aownGvging. 15. INSOLVENCY. If the Seller shall become irmolvent or ba koupL make an assignment for be benefit of combiners, appoint a receiver or mime for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser wide nt liability. 16. GOVERNING LAW. The definitions efterms used or the intapreation ofthe agreement and the rights of all panics hereunder shall be corstmcd under and governed by the laws of be Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representalive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellels own risk until the same is fully completed and accepted, and shall, in u of my accident, destrucllmr nr rajary m the work andfor marmots her. Sellels final completion and cmptonce, complete the work at Sellels own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by be Seller, be Seller shall receive, anload. store and handle some at be site and become responsible therefor as though such materials and/or tyuipmal were being famished by the Seller under be order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compenation, including occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase order, and/or to their dependents in accordance with the laws of the sole in which the work is Ins be done. The Seller shall also cart, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dealt limits ofm lent $300,000 for any one person, $500,IX10 for any one occident and property damage limit per accident Of S400,000. The Seller shall likewise require his ontracto s, if any, to provide for such compensation and insurance. Before any of be Sellers or his contractors employees shall do any work upon be premises of others, the Seller shall famish the Purchaser with a cenilicare thin such compensation and insurance have been provided. Such certificates shall specify the ram when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and incourame expires The Seller agrees that such compensation and insurance shall be maintained until a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more rtspensibiliry and liability for any and all damage, ass or injury ofany kind or ature whatsoever to final or property caused by Or resulting from the execution of be work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and any r all of the Purchasers ollieers, agents and employees from and against any and all claims, losses, damages, charges or expeaes, whether direct or indirect, and whether to persons or property to which be Pumhaer may he put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or office proceedings shall be brought almost the Purebsser, or its efvers, agents or employees at any time on account to by reason of any net, action, neglect, omission or default of be Seller of my of his contmcrors many of its or their officers, agents or employees ns aforesaid, the Seller hereby agrees in assume be defense therm( and to defend the mine at the Sellers own expense, to pay any and all costs, charges, atemeys fees and other expenses, my and all judgments that may be incurred by or obtained against be Purchase or any of its or their officers, agents or employees in such suits or other praeedi rp, and in case judgment or offer lien Lou placed upon or Obtained against He, property of the Purchaser, He said Ironies in or as a result of such suits or ether proceedings, be Seller will at once cause be same to be dissolved and disehargmb by giving bend or otherwise. The Seller mat his ommuracors shall take all safety precautions, fiunish and install all good camemarry Cm be prevention of accidents, comply with all laws and regulations with Hillard to safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all mles and m,clafion issued pursuer thereto. Revised 03R010