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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9143861City of F„`rt Collins PURCHASE ORDER PO Number Page 9143861 1of2 This number must appear on all invoices, packing sli i and labels. Date: 07/09/2014 Vendor: 102552 Ship To: POUDRE FIRE AUTHORITY - AD C S U CASHIER'S OFFICE 102 REMINGTON 6015 CAMPUS DELIVERY FORT COLLINS CO 80524 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 Delivery Date: 07/09/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Medical Services Jan -Mar 2014 1 LOT LS 12,076.00 Statement dated July 3, 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 Total $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condit ons Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state end local ..as Do, Exemption Number is 98A 502. Federal Encase Tax Exemption Certificate of Registry 84-60005g9 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dcfcets of damage in transit, may be returned to you for credit and are not in be replaced except upon receipt of written restrictions from the City of Fort Collins. Inspection. GOODS are subject as the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, natives r equipment in response to this order urn taut in outhorcled payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood Sc, Pon Collins, CO 80522, unless otherwise specifiedon this order If permission is given m prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where m nufamurers have devastating points in various pans of the country, shipment is expected from the nearest distribution point m destination, and excess Ireigln will be deduatd from Invoice when shipments are made firm grabor shoulder. Permits. Seller shall pram at sellers sole cost all necessary permits, certificates and licenses required by all applioabIv La ws, retail at, aas. ordinances and isles of the state, municipsliy, format' or political subdivision where the work is permrmN, or required by any other duly constituted public authority having jurisdiction over the work of very on. Sella further, agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulaims, midimnm, rules and requirements. Authorization. All parries to this contract agree the, the rcpratua fives are, is fact, bona file and possess full and complete authority to bind said parties. LIMITATION OF TERMS. Ibis Purchase Order expressly limits acceptance to the rem¢ and conditions state herein set with and any supplementary or additionml Nuts and conditons annexed bacto or inconpomted herein by reference. Any additional or different m. and conditions pnoposd by seller art objected m and hereby rejected. 2. DELIVERY. PI.F,ASH ADVISE PURCI IASING AGENT immediately try.0 cannot make complete ifi,ntant as arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effaced within the time stated on the purchase order and the documents attached hereon. No acts of the Purchosers including, without fmhation, compliance ofpniu Ire deliveries. am]] amam as a waiver of this provisions In the even, Orion, 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. llowevan the Seller shall nor be, liable for damages as a moult of delays due to causes act bat sonably foreseeable which am beyond its be ... noble control and without is bolt of negligence, such .,I, of God, acts aided or military authorities, go,cmntentri priorities, fires, strikes, flood, epidemics, wars or ,lots provided that notice of the conditions causing such delay is given as the Pnrchmer within five (5) days of the ,are what the Seller firsl received knowledge therm(. In the even army such delay, the data of delivery shall be extended for the peril equal to the time mtmlly lost by mixed of the delay. 3. WARRANTY. The Seller warrams that all goods, articles, materials and work covered by this order will confirm with applicable drawings, spacifirodiors, samples arri other descriptions given, will be fit for the purposes instead, and Performed with the highest degree of art mull competence in wmr ce with maep,ed standards for work or a wilco or. The Seller agrees to hold Ne purchaser hmmless from my lass, damage Or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make ,and. within, cos, m the purchaser, any defms or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by the tenns Of any ap,I icable warranty provided by the Sell,, site, the date of aceepance of he goods famished hereunder (acceptmce not . be um,awnubly delayed), resulting from imperfect or defective work dram or awards famished by the Seller. Accepamce or aw of goods by the purchaser shall not consulate a waiver of any claim coder this wori Exm m as mherwi s, provided m Nis purchase order, 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 road include loss of pacm, or was of use. NO IMPLIED WARRANTY OR MERCI IANTABILH Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purrbuser may make changes to legal terns by wrinrn visual, Order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the laws, .the, thud legal terms, including additions lit c, deletions from Ne 9m,mides on, iwlly ordered in the spmiliemiome or drawings, by verbal or wrinen change order. If any such change allbas the ..out due or me time of prformance hereunder, an equnable odjarm=, shall be made. 6. TERMINATIONS. The Pizablimar may at any time by —.a change offer, morminav e this eement as m my or all ponians Of the goods then not shipped, subject to any equitable adbetween comer the parries as to any work a, ..,coal, then in p.gress provided that Ne Purchaser shall nor br liable for any claims for anticipated profits ou the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sandaN stark. No such termination shall relieve me Panama or the Seller e f any of their obligariom as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days Imm the data the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller woman that all goods sold hereunder shall have been prduced, 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 commons es stray be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ore hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cross and damages surgical by the Purchaser as a result orthe Sellm failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written convent of the other party. 10. TITLE. The Seller wanams full, clmr and from mined title,. the Purchmer for all equipment, mater.b. road it. fmuhed in performance of this agreement fen and Clem of my and all liar, restrictions, reservations, security interest =sumbrmea and claims ofothers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performmce of the terms and conditions bumf, failure or delay to rave a any rights Or remedies provide herein or by law, failure 1. promptly notify the Seller in the event of a breach, the sometimes, of or payment for goods hereunder or approval of the design, shall not release Ne Seller of any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of any right of the purchaser lit insist upon strict Performance harbor or any of its rights or remedies a to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall coy purported oral modification or rescission of this purchase order by the Purchaser opmte as a waiver Of any of the rams hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pnrchmer recognize that in actual economic practice overcharges raulling from antitrust violations are in fact home by the Purchaser. Theretofore, nfor 'good came and to consideration for recommit this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such avercharga relating to the Particular goods or services purchased or acquird by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfNe Purchaser directs the Seller to correct nonconforming or defective goods by a date,a be agreed upon by the Purchaser and the Seller, and the Seller thereafter indi=tes its inability or unwillingness to comply, the Poachers, may cause the work to b, perfomd by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance branch work. This ralease shall apply at in Ne ,at of fault of negligmum of the party released and shall extract 10 the directors, cheers and employees of wash parry. The Settees contractual obligai.ns, including warmory, shall net be headed to be reduced, in any way, because curb work is performed or caused rat be performed by the Pnrchmer. 14. PATENTS. Whenes'erthe Seller as required to rise my design, device material or process commit by leer, ratevL wdemark or copyright, the Seller shall indemmdy and save harmless the Forbearer from any aM all claims for inGngement by reason of the use of such patented design, device, mmennl or process in connection with the contract, and dial I indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement al any time during the prosecution or after the completion of the work. In case said equipment, or any part therm( or me intended are of the gam. is in such suit held to caretinda inGngement and the am of said equipment or part is conjoined. she Sella shall, at its own expense aal at its option, either procure for the Partial the right in continue using said equipment or Wes, replace the tome with substantially equal but nwinfnging equipment, or modify it m it becomes n ndinfringfng. 15. INSOLVENCY. If the Seller shall became insolvent or barNmpt, make an assignment for the benefit of marginal, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by Ne Purchaser without liability. 16. GOVERNING LAW. The de[inilioas at,,. used or the imerpmarlims oftha agreement add he rights ofall panics hereunder shall od comtrucd under and governed by me laws of the State ofColomdo, USA. The following Addi0oml Carcinoma apply only in cans where the Seller is no parfomu work heaemder, including the services of Sellers Repiesenmive(s), on the premiss of beers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, add shall, in awe of any accident, destruction or injury to the work md'or materials before Settees final completion and aborigines, complete the work as Sellers osea expense aal to the a disfachms of Use Purchaser. When matmals and equipment are famished by others for installation or auction by the Seller, the Seller shall receive, wload, store and handle same at the site and became responsible therefor m though such materials and/or equipment were being famished by the Seller coda the order. I S. INSURANCE. The Seller shall, at has own expense, provide for Use payment of workers contradiction, including occupational disease benefits, to its employees employed on Or in connection with the work severs by this purchase order, and'.r to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall slut carry comprehensive general liability Including, but nut limited In. confmcmal and automobile public liability insurance with bodily injury and death limits of or Iona, $300,000 for any one person, 55MI,Orm for any ore accident and property damage limit per accident of S400,000. The Seller shall likewise require his conforefors, if any, to provide for such compensation aral insurance. Before any of the Sellers or his contractors employees shall ds any work upon the premua clothes, me Seller shall famish the Pumhaser with a cenifam that such maturational and inswassub. have bred provided. Such c nitrates shall specify the data when such compensation cod inmmnce have been provided Such car iGcalo shall specify the data when such compensation and in expires. The Seller agree ,hat such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the =tire responsibility mad liability for any cad all damage, loss or injury of any kind or nature whatsoever to persons or pmpcily caused by or resulting from me execution of the work provided for in this purchase order or in connection herewiN. The Seller will I indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agens and employees form and against any and all claims, losses, damages, curc harges or expenses, whether direct or indim,, and sa ctler to persons or property to which the Pmchawer may be put or subject by lawn Of coy sort, detiea, medical, omission or default on the pan of me Sella, my of his contractors, or may of the Sellers or contactors affirm, agents or employees. In case my suit or Omer proceedings shall be brought against Ne Purchaser, or its officers, agents or employees at any time on account ar by ream. of any act, action, neglect, omhsiou or defaul, of the Sella of any of his commctors or any Of its Or their oRcar, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expcme, to pay any and all costs, charges, abomeys Jim and other expenses, any and all judgments mat may be formal by or obtaimd against the Purchaser or my of its or their affirm, agents or employees in such suits or other proceedings, and in case judgment an other lion he placed upon or obtained again, the property of the Purchaser, or said panic in or as a result of such suits or other proceedings, the Seller will at once muse the more to be dissolved and fachaged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and toxic][ all gourds necessary for the prevention of accidents, comply with all laws and mpiations with regard to safety including, but without limitation, the Occupotiavl Safety and Heald Act of 1970 and all rates and replatiom issued pursum, memo. Revised 03R010