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HomeMy WebLinkAbout426762 50-50 GROUP LLC - PURCHASE ORDER - 9143893Fort Collins Date: 07/11/2014 Vendor: 426762 50-50 GROUP LLC DAVID LARSON 825 TURMAN DR FORT COLLINS CO 80525-9310 PURCHASE ORDER PO Number Page 9143893 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 07/11/2014 Buyer: ED BONNETTE Note: PER BART CONSULTING CONTRACT WITH 50-50 GROUP LLC (DAVID LARSON) FOR JAMIE HECKMAN. Line Description Quantity UOM Unit Price Extended Ordered Price I BART CONSULTING JHECKMAN 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 illlill��9 15,000.00 Total 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. COMMERCDM,DETAILS. Tax exemptions. By shahs, the City of Fort Collins is exempl form sum and local taxes. Our EminSaion Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60e0587 is bodamed with the Cellist., of Failure of the Purchaco m insist upon stain performance ofba beans and condition hereof, failure or data,,. Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993. Chapter 39-26, 114 Ed a is any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach ethe acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejecud. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in ..,at, may be mtomed as you for credit and are not to be replaced except upon receipt of written purchaser to insist upon shirt performance hereofor any of its rights or remedies as to any such goods, regardless instructions room the City of Fort Collins, of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purposed oral ramification or rescission of this pumhao order by the Purchaser operate as a waiver of my of the morn Inspection. GOODS are subject to be City of Fort Collins inspection era actvl. bereoL Final Acceptance. Receipt of the merchandise seance or aluipmem in respoew to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized prymmt on be pan of the City of Fort Collins. However, it is to be understood but FINAL Seller and the Purchaser recognise but in actual mormana, practice, overcharges resulting from antitrust ACCEPTANCE is dapendenl upon completion of all applicable marginal inspection procedures. violations arc in fact home by be Purchase Theretofore, for good cause and as consideration for executing Nis purchase order, the Seller hereby a sign to the Purchmer any and all claims it may now have or hereafter Freight I arms. Shipments must be F.O.B., City of For Collins, 200 Wood Sr, Fon Collins, CO 80522. ..It, otherwise specified on his order If pemhission is Piero 1. prepay freight and charge sa,minely, ,he original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in emerge pans or the country, shipment is expected from the neatest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary pennies, certificates and licenses required by all applicable laws, regulations, ordinances nod rules of the store, municipaliy, factory or political subdivision where the work is pert ed, or required by any ether duly camtimmd public authority luvingnour inion over be work of vendor. Seller turner games to hold he City of Fart Collins harmless from and against all liability and lass incurred by them by reason of m asserted or established violation of any such laws, regulations, onlimuccs, rules and nofirearnaits. Authorization All pandas to this criminal agree that the represnnativca are in fact band fide and possess full and complete authority to bind said parties: LIMITATION OF TERMS. This Purchase Order expressly limits aparda ce eo the leans and conditions stated herein set forth and any supplementary or additional teams and conditions annexed hereto or incorporated herein by reference. Any additional or diffbandit ors and conditions pmpowrd by writer are&, -led to and hereby rejected. 2. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on vow Promised delivery Jae as ..,ad, Time is of he ewvawm. Delivery and performance must be effected within the time stated era be patchase back, and flue documents .,.,had beam. No or. of be France rs including, without limitation, acceptance of partial late deliveries, shah oprume as a waive,.1 ],is proinen. In be even of any delay, the Purchaser shall have, in addition to .,be, legal and equitable man Wiese, be .,,a.. of plasm, his oacer elsewhere and holding the Seller liable far damages. However, the Seller sharp not be liable for damages as it result of delays due to causes not reasonably breamai le which are beyond its reasonable control and without i,, fail of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, spikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to he Purchaser within live (5) dap of be time when the Seiler first received knowledge thereof. In the event of any such delay, be data of delivery shall be exmndad for be period equal m be time ec.11, lase, by reason of the delay. 3. WARRANTY. The Seller wmmnts bar all goods, articles, materials and weak covered by this Omer will conform with applicable drawings, specifications, samples traffic other descriptions given, will he fit for the purposes inucndrd, and performed with be highest degree of care and competence in accordance with accepted s rn l rds for work of a similar nabre. The Seller agrees to hold the purchaser hamtess from any lass, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. Me Sell,, shall mpl ae, repair in make good, without cost to be purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be potential by law or by the morn of any applicable warrmry provided by the Seller after the date of acceptance of be goods famished hereunder (acceptance not to be, unreasonably delayed), hodifi , form imperfect or defective work done or matcrods famished by be Sella. Acceptance or uo of goods by be Pureluner shall act onamum a waiver of any claim under Ibis warranty. Exempt as oherwise provided b his purchme under, the Sellers liabil iry havanda shall extend m all damages proximately caused by the breach of my of be foregoing wam4nfies or gubma tax, bur such liability shall in ro event include loss of prof. or loss 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. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes fir the terms, other than legal Laws, including additions to or (1.1come, from the quantities originally ordered in the spccibmnons or drawings, by verbal or wri en change order. If any such change affects be amount due or the time ofperfoammue hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchmer may at any time by written change order, terminate this agreemem as . any or all ponic ns of be gaud; then of shipped, subject to any equitable adjustment betwean the partis as to any work or materials than in progress provided that be Purchaser shall not be liable for any claims for anticipated profits can the uncompleted portion of the goods and/or work, for incidental or cbmequenbial damages, and deal no such adjustment be made in favor of be Seller with respect many 6.ad, which are the Sellers standard stock. No such armusbibn shall relieve the Purchases or the Seller of any oftheir obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must h asserted within army (30) Jays from be date the change or Nomination is ordered. S. COMPLIANCE WITH LAW. The Seiler senators that all goods sold hereuaM shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the gas art subject The Seller shall ascent, and deliver such documents m may be required 1. effect or evidence compliance. All laws mJ regulation mentircd to be incory octal is agreements of this character are hereby immirm rated herein by Ibis reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by be Purchases as a rsull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or coney this order, or any monies due or to become due hereunder without he prior w risen convent of be obey pay. 10. TITLE. The Sella, w. full, clear aM constructed file to be Purchaser for ell equipment materials and if. famished in performmce of Ibis agreement f anrd clear of any and all lien, rstiaiom, reservations, security interest encumbrances and claims creditors. acquired under federal or state moral laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant in this purchase order. 13. PURCI LASERS PERFORMANCE OF S ELLERS OBLIGATIONS. If the Purchaser directs be Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and be Seller thereafter indicates its inability or unwillingness to comply, be Purchaser may cause the work m be performed by be most expeditious means available to it and be Seller shall pay all costs associated with such work. The Seller shall mt. the Porchasa and in c no.,. of any tier from all liability and claims of any mare resulting form the performance crouch work. This release shall apply even in the sent of fault of negligence of be puny released and shall extend to the directors, affects and employees bf.ch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be, performed by the Purchaser. 14. PATENTS. Haft. the Seller is acquired I. se any design, device, material a process caveat by lane, patent vademark or copyright the Seller shall indemnify and save hmmleas be Purchaser f any and all claims for infringement by reason of be to of such patented design, Mice, material or process in connection with be contract and shall indemnify the Purchaser for any and, expense or damage which it may be obliged to pay by reason of such infringement al any time during the pmsecmion or after he completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and ar its other, either pmeare for the Purchaser the right to common, using said equipment or parts, replace the same with substantially equal but amonGhnging equipment, or modify it so it becomes bounfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a partner or graphic for any of be Sellers pmpeny or bainess, this order may forthwith be canceled by the pureff. wino. liability. 16. GOVERNING LAW. The defrchiom of temp used or the inhabitation ofIbe agreement and the rights of all parties herewder shall be combined under and governed by be laws of the Sam of Colorado, USA. The following Additional Conditions apply (nly in where the Seller is to perform work hereunder, including the services of Sellers Represarmace(s), on thecases premises of m ease, 12. SELLERS RESPONSIBILITY. The Seller shall carry, on said work. Sellers own risk until the same is fully completed and accepted, and shall, an case of any accident destruction or injury to be work mdlor materials before Sellers final completion and acceptance, complete the wok at Sellers own expense and to be satisfaction of the Purchaser. When materials .it equipment are famished by be. far installation or erection by be Selleq the Seller ahead receive unbad, ,,ore and handle same al be sae and become responsible therein, as though such mmenths make, equipment were being famished by be Sella under the oma. UL INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefs, m its nimboyees employed no a, 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. Lou Seller shall also tarty compaq ens ve general liability including, but not limited to, ca trectual and anomoblle public liability imurm¢a wab middy injury and both limits of at least 53nq.p tar any axe person, $500,000 for any one accident and property damage limit per accident of S400,(I(10. The Seller shall likewise acquire his unity, to provide for such compensation and insurance. Before any of the Sellers or his commaot cmpleyas shall do any work upon the premiss.f.thers, the Sella shall famish the Purchaser with a certificate that such compensation and inurance have been provided. Such confiater shall specify be date when such anwmpeaon and insurance ha juice been provided. Such cenifcaba shall specify the date when such compensation d insurance expires. The Sorer agrees that such compensation and insurance shall be maintained road after the entire work is completed caul accepted. 19, PRO 'I'DZ71ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mapsomibil by and liability for tiny and all damage, loss or injury of any kind or nature whatsoever to person or progeny caused by or resulting from the execution of the work provided for in ibis purchase order or ita connection herewith The Seller will indemnify and hold hvmlevs be Purchase and any r all of he Purchasers officers, agents and employees form and against any and all claims, losses, Purchaser charges at expemes. whether direct or indirect, and whether to persons or property to which be Purchaser may be put or subject by season of my act onion, neglect omission or default on he pan of be Sella. any of his committed, or any of be Sellers or contmnors officers, agents or employees. In case any snit or other proceedings shag be brought agama be Purchaser, or its officers, agents or employees at any time on account or by remain of any act ration, neglect, omission or default of be Seller of my of his comtcrors or any of ins or their appears, agents or employees as aforetid, be Sealer hereby agrees to assume be deferee therm( and to defend the some at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their officers, agents or einployas in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he property, of the Purchaser, or said panne, in or as a result of such suits or other proceedings, the Seller will m once cause be same to Im dissolved and dischaged by giving bond or otherwise. The Seller and his contractors shall tote all safety precaution, famish and antali all quarks necessary for the prevention of accidents, comply with all laws and regulation with regard to salary including, but without limitation. the Occupational Safety and Healb Act of 1970 and all nudes and reg.mions named pursuam therein. Revised 03R010