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HomeMy WebLinkAbout123880 ECOS COMMUNICATIONS - PURCHASE ORDER - 9141296 (2)Fort Collins Date: 08/07/2014 PURCHASE ORDER Vendor: 123880 ECOS COMMUNICATIONS 2975 VALMONT ROAD SUITE 110 BOULDER CO 80301 PO Number Page 9141296 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 02/28/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Parks Portion 1 LOT EA 8,000.00 per work order 2014-NAD-2 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:pumhasing@fcgov.com Pay terms net 30 days 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Carifeme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe teats and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamtea 1973, Chapter 39-26, 114 (a). exercise any rights or hammers mes provided herein or by law, failure to promptly notify the Seller is the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sella of Goods Rejected, GOODS REJECTED due to failure an meet specifications, either when shipped or due to defects of any of The whourams or obligations of this purchase order and shall not be, deemed a waiver of any right of the damage in transit, may be mounted to you for credit and are not m he replaced except upon receipt of whom purchaser to insist upon strict performance hero for any of its rights or remedies as to any such goods, regardless imaunlom from the City of Foct Collins. of when shipped, received or accepted, as to any prior or subsequent defauh harasser, nor shall any puryoned oral ramdificvtion or rescission of this purchase When by the Purchaser operate az a waiver of any of the teats Inspeaion. GOODS me, output to The Ciry of Fon Collins inspection an archal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, uuthurissJ paymenT on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Pumhwr recognize that in soma] economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion craft oppliablerequired inspection procedures. violations me in fact bume by the Purchaser.Thereofore, for good cause and as consideration for executing this purchau order, the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Teats. Shipments mu.T he F.O.B., City of Fan Collins, 700 Wood SL, Fan Collins, CO 80522. unless acquired under federal or stone antitrust laws for such overcharges selating to the Particular goods or services otherwise specified on this order lfpamission is given m inquiry freight and charge imitatively, the original freight purchased or acquired bythe Purchaser pursuant to this purchase other. bit] must accommn, invoice. Additional cherees for packing will or he accepted. Shipment Distance. Whem mnuf emrera have distributing points in actions pans of the country, shipment is expected from the nearest distribution point to destinstim, and excess freight will be ddund from Immim when shipments are made fmm greater distance. Permits. Seller shall someone al sellers sole cast all necessary pmmits, catificams and licenses required by all applicable laws, regulations, ordinances and roles Orrbe state, municipality, baitory, or political subdivision where the work is performed, or required by any other duly com immd public authority having jurisdiction over the work of vendor. Seller further agrees an hold the City of ran Colliers bermlesc from and against all liability and loss interval by than by reason of an asserted or established violation of my such Is., regulations, ohitmnces, roles and fix,mo meats. Aubcromish All parties m this coronet agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expresly limits acceptance to the leans and conditions sated herein set forth and any supplementary or additional ours and conditions annexed hereto or Incoryomted herein by reference. Any additional or different erms and conditions proposed by seller ore ub amd in and hereby rsjenal 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery dom az twmd. Time is of the womb. Delivery and per6rmame must be effaced within the time staled m the purchase order and the documents attached hereto. No ace of the Purchasers including, without limitation, acceptance airport late deliveries, shall operate as a waiver of this pmvcseon. In the event of any delay, the Favoritism shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result Of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, inch .,is of God, acts ofcivil or military authorities, governmental priorities, fires, spikes, Rod, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time zchurRy last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all grads, articles, materials and work covered by this order will coot with applicable drawings, specifications, samples and/or other descriptions given, will be, fit for the purposes intended, and performed whit the highest degree of care and competence in accordance with accepted standards for work of a voila, reach, The Seller agrees to hold the purchaser hmmlas from any loss, cL merge Or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repait or make god, without cost to the purchase, any defects or faults arising within one (1) year or within such longer hand Of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods f isbd hereunder (acceptance not to be unreasombly delayd), resulting fmm impartial or defective work done or materials fished by the Seller. Acceptance or use of gods by the Troutman shall rot monsoon, a waiver of any claim under this wmranry. Exam,, as otherwise provided in this pushue order. the Sell — liability hereuda shall extend to all damages proximately named by the breach of any of the foregoing wasommies or gmmnmes, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, Cl TANG ES IN LEGAL TERMS. The Purchaser may make changes to legal term by wrinen change oMe,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to rise trim, other than legal tamsr including additions to or deletions from the machines ongirully ordered in the specifications or drawings, by verbal or written change under. If any such change ofTecn the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pro,briever may at any time by weterminate n change order, this agreement as to any o all portion' of the goods ben oat shipped, subject to anyegmu ible adjustment between the panics as to any work or materials then in progress provided that the Purchuer sit II not be liable for any claim for anticipated profits on the uncompleted portion ofthe goods arri work, for incidentol or camaluardlal damages, and that no such adjustment he made in favor ofthe Seller with respect o any goods which art the Sellers standard stock. No such termination shall relieve the Purchuer or me Seller ofmy of heir obligations as in any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djustmem must he asserted within thirty (30) days from the dam the change or maturation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hatnder shall have been produced, sold, delivered and famished in sfuel compliance with all applicable laws and regulations to which the goods are subject. The Seller shall exame hard deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in a comments of this character are hereby incorpamtd herein by this ref ce. The Seller agrees to instant and hold the Purchuer harmless fmm all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply win such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or comity this order, or any monies due or to became due hereunder without the prior he. coastal of the offer funny. 10. TITLE. The Seller warrants full, clear and umesnictd title to the Purchaser for all equipment, materials, and items famished in perfinnincence, of this agreement, her and clear of my and all Hero, restrictions, reservations, security interest awWrbtaoces and claim of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifdre Purchaser direcn The Seller to correct tmnronfoamfg or defective goods by a date to be agreed upan by the Purchaser and the Seiler. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases may cause be work to be performed by the most expeditious mcam available to it, and the Seller shall pay ail costs associated with such work. The Seller shall release the Purchaser and its umwcum of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the cycut of fault of negligence of the party released and shall extend to The directors, officers; aM employees ofsuch parry. The Seller's coatroom] obligations, including wmmnty, shall car as droned to be reduced, in any way, throw such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coveml by letter, patent, trademark or copyright, the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comma, and shall indemnify the Purchaser for any cast, expcmc or damage which it may he obliged to pay by reason of such Infringement al any lime during be prosecution or after the completion of the work. In eve said taipme d, or any part thereof or the imadd use of the goods, is in such soil held to constitute infringement and the use of said quipment or par is enjoined, the Seller shall, at in own expense and at its option. either prwum for the Purchaser the right to continue using said equipment or purls, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes nonlnfdnging. 15. INSOLVENCY. If be Seller shall become insolvent or makmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers proper or business, this order may forthwith be canceled by the Puritanism without liability. 16. GOVERNING LAW. The definitions of tenes ad or the interpretation ofthe agreement and the rights of all panics hereunder shall be amounted under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, indoding The services of Sellers ftrpreunmtive(s), on The premises of others 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk until the same is fully completed ad accepted, and shall, in au of any accident. destruction or injury b the work and/or materials before Sellers final completion and acceptance, complete the work or Sellers awn expeme and to the satisfraion of the Primerica. When comenals and equipment are fumisbal by others for imulftion or erection by doe Sella, me Seller shall wave, unload, store and handle same at the site and become responsible therefor as though such .,—.]a arNm equipment were being famished by the Seller under doe order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of waders compensation, including Occupational descom benefits, to its employees employed On or in connection with the work conewal by this purchase other, and/or to their depeMenls in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprehensive general liability including, but not limited to, commercial and automobile public liability imurmre wish bodily iomar, aM death limits of err least S300,o00 for any oar Person, SSW." for any one accident and prepare damage limit per accident of Siff,". The Seller shall likewise require his if any, to Provide for such compemation and fineamce. Before any of the Sellers or his contractors employees shall do any wod upon fe premises of others, the Seller shall famish the Porehascr with a certificate that such compensation and insurance have been provided. Such cenifiams shall s,,try the date when such compensation and insurance have been provided. Such cenifiates shall spoe'ify the dote when such compensation and insurance expires. The Seller agrees that such compact and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Sella hereby assumes die entire responsibility and liability for any and all dvnage, loss or injury army kind r uaram Odorant or persons or January ausd by or resulting from thc exami. ofthe cook provided for in this murehae order or in comectim herewith. The Seller will indemnify and hold harmless the Purchaser and say cr all of the Purchasers officers, heads and employees from and against any and all claims, burns, damages, harges or expenses, whether direct or indirect, and whether to permits or primary to which the Purchaser may be put or sor by reason Of any act, amino, neglect, omission or default oa the part of the Seller, any Of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other pmeedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or by msoa of any act, action, neglect, omission or default of the Seller of any of his cammnors or any of in or Nei, mHicers, agents or employees as aforesaid. me Sella hereby agrees to assume the defense thereof and to defend the same in the Sellers own expanse. Ira pay any and all costs, changes. attmorys mew anted other expenses, my and all judgments that may be incurred by or obtained against the Purchaser many of its or their officers, agents err employees in such suits or other proceedings, ad in case judgment or offer lira be placed upon or obmfnd against the property of the Purchase, or said goalies in car as a rcsvh ofsuch suits or other proceedings, rate Sella will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety Omahations, famish and install all guards necessary for the prevention of accidents, comply with all laws and mplabons with regard to safely including, but without limitation, fe Occupational Safety and Health Act of 1970 and all rules and regulations issua l pursuant thereto. Revised 07R014