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HomeMy WebLinkAbout109751 FORT COLLINS MARRIOTT - PURCHASE ORDER - 9143346Fort Collins Date: 06/13/2014 Vendor: 109751 FORT COLLINS MARRIOTT 350 E HORSETOOTH RD FORT COLLINS CO 80525-3130 PURCHASE ORDER PO Number Page 9143346 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/13/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Annual Appreciation Breakfast 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 5,617.20 Total $5,617.20 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of FortCollins is exempt tarn stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax paramount Cmificate of Registry 84"6000587 is registered widl Me Call.., of Internal Revenuc, Demo. Colorado (Ref, Colonial Raised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to fall. a men specifications, either when shipped or due no dacads of damage is ..it, may be reamed to you for credit and arc not to be replaced except upon receipt of wrin es imtrvctions from the City of Fort Collins. Inspection. GOODS art subject to Me City of Fort Collins insimal on arrival. Final Acceptance. Receipt of the merchandise, serires or equipment in response to this order can result in authorized Pzymomr on the an of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable raluiml inspection procedures. Freight "Iems. Shipments most be P.O.B., City of Fort Collins, 700 Wood Su, Fort Collins, CO 80522, unless otherwise specified oa this aide,, If permission is given to prepay freight and charge separately, the original freight bill must accompany notice. Additional charges far packing will not be accegal. Shipment Distance. Where m nufanurers have distributing points in various s ors of me country, shipment is expected from the nmrest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Pro . Seller shall procure a, sellers sole coil all necessary permits, ttnificam, and he. required by all applicable laws, regulations, ordinances and rules of the stare, municipality, lemtory or palmed subdivision where the work k performed. or required by my other duly conducted public authority having jurisdiction leer the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss tayuared by them by rcaaa of an asserted or established violation of may such I.—. regulations, endurances, rules and requirements. Amhorizmon. All Pries to this conduct agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits twergance I. the terms and conditions staled herein Mel Carib and any supplementary or additional dims and conditions annexed hereto or inmryooaled herein by reference. Any additional or different temes and conditions pmta sed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE. ADVISR PURCHASING AGENT immediately if you emnol make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the purchase order and the documents attached herelo. No acts of the purchasers including, without linaitatim, acceptance ofpanial Ire deliveries, shall operate as a waiver of this provision. In the event orally delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages- However, the Seller shall ant he liable far damages as is resuh of delays due to causes let rezmrobly foreseeable which are beyond its reasonable anatomist without its fault of negligence, such as ofG W, acts crowd or military authorities, governmental priorities. fins, strikes, flood, epidemic, wars or riots provided that notice of the conditions causing such deny a given to the Purchaser within five (5) days of the time when the Seiler limit received knowledge thereof. In the event of my such delay, the doe of delivery shall be extended for the period equal to the time actually lost by rtamn of Me delay. 3. WARRANTY. The Seller warrants dot all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standardo for work of a similar nature. The Seller agrees to hold the purchaser armless from any tax, &.a, or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwanan y. The Seller shall replace, repair or make good, without cost to the purchase, any defect 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 nny applicable warranty provided by the Seller after the date of acceptance of the goods Famished hereunder Gerepta ce not to be unreasonably delayed), ranking from imperfect or defialive work done or materials famished by Me Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this community. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by day breach of any of the foregoing warranties or guarantees, but such liability shall in no event declare loss of profts or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Palmoser may make changes a legal to= by wall change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including fallmous to car deletions from the gnaminics -goodly ordered in air x,—ibrow— or drawings, by —M.1 or warm. come order. If my such change affects the amount due or the time ofpmfoammce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Parchison may at any time by women change order, temrinwe this agreemena as on my or all Jeonnow of the .nods then not shipped, subject a any equitable adjustmen between the parries as to any work or materials then in progress provided that the Puchaser shall not be liable for any claims for anticipated profit on the uncompleted potion of the goons and/or work, for incidental or consequential damages, and that no such adjustment be made in Faver of the Seller with respect to any goods which are the Sellers srmdnnl slack. No such lamination shall relieve the Purchaser or the Seller afany of their obligations as to any goads delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. I. 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 of which the goods are subject The Seller shall execute and deliver such documents as may be required a eR c or vidamm complimwr. All laws and regulations required I. be nco ,sual in agreements of this character are hereby mang,omtN herein by Nis reference. The Seller agrees to indemnify and hold the purchaser hamaless from all rods all daref f fathered by Me Purchaser. a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Nis order, or my monies due or to became due hereunder without Ne pnor wrinen cancer of Me other parry. 10. TITLE. The Seller warrants full, clear and umesuicied title to the Purchaser for all equipment, marenals, and items furnished in performance of this agreement, free and clear of my and all liens, resbicumas, monan i., security interest encumbrances and claims of others. 11. NON WAIVER. Failure of the Purchaser a hall upon saict pert arse of to rrrtes and conditions hereof, failure or delay to caamide nny fights or remedies provided herein city law, fail. to promptly notify Me Seller in the event of a breach, the acceptan¢c offer payment for goods hereunder of approval oddly design, Mall not release Me Seller of any of the wmranit. or obligations of this purchase under and shall not be deemed a waiver of any right of the purchaser a insist upon gain performance hneofor any of its rights or remedies as a any such goods. regardless of when shipped, received or accepted, as in any prior or subsequent default hereaandm, nor shall any pardoned road modification or rescission of this precast order by the Purchaser operate as is waiver of any of the mats hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize tat in actual ec is practice, overcharges resulting from -thrust vial:pious are in fact home by the Purchaser. Theretofore, nfor tgood taus and . consideration for executing this pmchs order. the Seller hereby .signs to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust Laws for such overcharges redwing to the particular goods or services Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to rerr r nonconforming or defective goods by a date to be agreed upon by the Pumhasr and the Seller, and the Seller thaeafin indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by Me most expeditious meare mailable to it mail the Seller shall pay all cons associated ,in such it. The Seiler shall release the Purchaser and its commcars of any net from all liability and claims of any taart resulting from as peof.. ofsuch work. This release shall apply even in the event of fault of negligence of the per, released and shall extend to the diremors, a1Gars and emplmim, of such party. The Sellers command obligat woe, including warl shall of be deemed re be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by Inner, paten, trademark or copyright, the Seller shall indemnify and save hamalas the Punaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contain, and shall indannity, the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement m any time during the prosecution or ahn the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own cepeaae and at its option, either procure for the Purchaser the right a continue using said equipment or Ions, replace the same with substantially egml but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or barJ pt rake m assignment for the benefit of creditors, appoint a receiver or ttnsme, for any of the Sellers Properly or business, this o der may forthwith by canceled by the Purchaser width., liability. 16. GOVERNING LAW. The defnitioas of,,. word or the inter,momion of the agrttme ll and the rights .[.I[ Studies hereunder shall bo convinced under and governed by doe laws office Stare of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represntative(s), on Me premises of others. 17. SELLERS RESPONSIBILITY. The Selle, shall cart' on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work ..&in ma nials before Sellers final completion and acceptance, complete the work at Seller's own expense and to me satisfaction of the Purehaer. Whoa materials and equipment are furnished by others for inatallinion 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 mNor equipment were being famished by the Seller under Me order. 18. INSURANCE.. The Seller shall, at his m.m expense, Provide for May payment of workers compensation including acupatiore l disuse benefits, to its employees employed on or in connection with May work covered by this purchase order, cam or to their dependency in accordance with dle laws of Uy state in which the work is in by done. The Seller shall also cant' mmprehemive geneul liability including, bur not limited to, contranual and auamobile public liability nourance with bodily injury and dears limners afar lea 5300,000 for any one person, 5500000 6r my e accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, army, to provide for such compevs6on and insurance Before any of the Sellers or his eommran employees shall do any work upon the Incomes of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and indurance gave been provided. Such coif cotes shall specify the date whom such compensation and insurance expires. The Seller agrees that such compensation and il¢amnce shall be maintained until after the maim weak is completed and accepted. 19, PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Sel let hereby assumes the entire responsibility and liability lot any and at I damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this Purchase under or in connection herewith. The Seller will indemnify and hold hamalas the Purchaser and any or fill of the Purchasers officers, agents road employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or propcny to which me Pruyb.n may be put or signal by man of my act, action, neglect, omission or default on Me pat of the Seller, my of his contractors, or any of Me Sellers or contractors officers, agency or employees. In cade any suit or other pregusal gs shill be brought against Me Purchaser, or its oRcal, agents or employees at my doe on normal or by rtamn of any act action, neglect omission or default of the Seller of any of his contractors or my of its or Neu officers, agents or employees as aforesaid day Seller hereby agrees to assume Me defense thereof and to defend Me same at Me Sellers may expense, by Pay any and all costs, cargos, anameys has and oMe, expenses, any and all judgmrnts that may be, ifir red by or obtained agures, the Purchaser or any of ins we Nei, infcers, agents or employees in such suits or other proceedings, and in cos judgmrn, or order he be placed upon or obtained against the property of the Purchaser, or said painies in or as a result of such suits or order proceedings, the Seller will in once cause Me more to be dissolved and discharged by giving bond err oherwise. The Seller and his remittances shall coke all safety precautions, famish and ireull all guards massory, for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without handmim, the Occupational Safety and Health Act of 1970 and all rules and regulators issued pursuant theme. Revised 03Q010