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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9142923 (2)Fort Collins Date: 08/14/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 PURCHASE ORDER PO Number Page 9142923 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 08/14/2014 Buyer: WILSON, JILL Note Line Description Quantity UOM Unit Price Extended Ordered Price 3 Mosquito Testing Services 1 LOT EA 12,876.00 Change Order No 1-2014 4i.��_II Total $1 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemption. By statute the City of Fan Collin is exempt from state and local taws. Our Exemption Number is 11. NON WAIVER. 98-cal Federal Excise Tax Exemption Certificate of Registry 84fi000581 is registered with the Collector of Failure of the Purchaser to insist upon :met performance critic It. and conditions hereof, failure Or delay to Internal Revenue, Denver Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptimce of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure an meet specifications, either when shipped or due to deferes 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 tmrasiL may he retuned as you for credit and are nor W be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereofor any of its rights or remedies w to any such goods, regardless micnalmns fmm the City of Fort Collins. of when shipped, received or accepted, as on my prior or subsequent default hereunder, nor dull any purpnncd real modification or mcission of this purchase order by the Purchaser operate n a waiver of any of the tors Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchardlse, service or equipment in ruponse to this order can all to 12. ASSIGNMENT OF ANTITRUST CLAIMS. mull rind payment on the pan of the City of Fort Collins. However, it is to be, understood that FINAL Seller and the Pumh.a meognire that in actual economic practice, werchmga molting from amiaua ACCEPTANCE is dependent upon completion of all applicable requited impaction procedures. violations are in fuel home by the Purchaser. Thea mfore, for grad one and n consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims a may now have or hereafter Freight Tem.. Shipments ..at be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If per¢sion is given 10 prepaY freight unit charge separately, the original Height bill musr accompany invoice. Additional charges for packing will ned be accepted. Shipment Distance. Where m nufacturers have dismbming points is us parts of the country, shipment is expected from the action disrdaiden point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance_ Pevmiu. Seller shall procure at sellers sole cast all necessary petits, cenifures and licenses required by all applicable laws, regulations, ordinances and rates afthe stales, municipally, temmry or politic.[ subdivision where the work is unfooned, or required by any other duly ransomed public andonty havingjuriWiction over the work of,comic Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by groan of an crowded or eaublished violation of any such laws, regulations, ordinances, rules and r x mrhar nts. Authorization. All parrobs to this rammed agree that the representatives are, in fact, bona tide and possess fall and complete authority to hind said parties. LIMITATION OF TERMS. '[fits Purchase Order expressly limits acceptance to the trams and conditions sorted herein set with and any supplementary or additional mot¢ and condition amtexcd hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected 1. ard hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the evscnce. Delivery and performance muss be effected within the time soiled on the purchase order and the documents attached hereto. No acts of the Purchasers including, withoot limitation, acceptance of partial late dahernes, shall argent or a waiver of this prevision. In the event orally delay, the Purchaser shall have, in addition to other legal and laiable remedies, the option of placing this oNer elsewhere and holding the Seller liable for dio n,ex. 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 withom its fault of negligence, such acts afkmd, acts of civil or military autlwriries, goremmenm priorities, fret, strikes. Bond, epidemics, cams or riots provided that notice ofthe condition cznsing such delay is given to the Purchaser within Five (5) days of the time when the Seller first received knowledge thereof. In me event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lust by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by This under will conform with applicable drawings, specifications, samples ardor other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and competenco in accordance with accepted standards for work of a 'similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purehamq any defects or faults mixing within one (1) year on within such longer period of time as may od prescribed by law or by the berms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be uareamwbly delayed), ruulling from imperfect or defective work done or materials flourished by the Seller. Acceptance or one of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except n otherwise provided Or this purchase order, the Sellers liability beeunder shall extend to all damages proximately caused by the branch of any of the foregoing waemni. Or Summers, 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. CHANGES IN LEGAL TERMS. The Punhuer may make changes to legal terms by writtc r change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer cony make any clang. do the berms, ocher than legal terms, including additions m or delelions from the quunities originally ordered in the specificaia w w drawings, by verbal o change order. If any such change alHcts the amount due or the time of ,,durance, hereunder, an yuiuble adjustment shall be made. 6. TERMINATIONS, The Purchaser may in any time by written change over, terinate this agreement n no any or all portions of the goods then.. shipped, subject In any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for antiemmed forms oa the uncompleted Portion ofthe goods toreador work, for incidental or consequential damages, and Oat vo such adjustment M made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mrinatim shall relieve the Purchaser or the Seller army oftheir obligation as m any goads delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thin, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and mmisLed in sand compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws anal regulations required to be incoryoated in agreements of this character are hereby ineatpomtcd herein by this reference. The Seller ogreis to indemnify and hold the Purchaser harmless from all costs and damages suR.ed by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, tan elfin, m coney this under, or any monies due of to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warms full, clear and unmtricted IiOe to me Purchaser for all yuipmrnt, materials, Ord items famished in perfonnarow of this agreement, f and clear of .1 and ell lien, mminiom, —'in-, ucuriry intent encumbrances and claims oration. acquired under federal or state antitrust laws for such Overcharges mating to the particular goods or services purchased or acquired by the Purchaser pursuant ro this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hthe Pmoluuer directs the Seller le cured nonconforming or defied eel red, by a date to be spend .,an by the Purchaser and Ibe Seller, and the Seller the —re, indicates its inability or unwillingness m comply. the Pimehawer may cause the work to bo performed by the most expeditious means available to it, and the Seller shall pay all costa associated with such work. The Seller shall ri lesse the Purchaser and its conrdors of any tier fmm all liability and claims of any nature rcsulting from Its pamm ova of such work. This release shall apply even in the event of fault of negligence of Oe funny messed and shall extend to the directors, wirers and employeas afsuch parry. The Sellers contmemd obligations, including warms, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the I'mul user. 14. PATENTS. Whenever the Seller is original in ase any design, device, notemil or process covered by letter, patent, ladcrrurk or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of dire one of own patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thermf or the intended use of the gomh, is in such suit held to comtirute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expertise and at its option, either procure far 'he Purchaser the right m emodure using said equipment or pans, replace the s.me with substantially equal but noninfriaging equipment, or modify it so it becomes newinfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrup, make an assignment for the benefit of ciedimrs, appoint a river or mime for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of Terms used m Ore imeepreudim of the agrtemem and the rights of all parries heseunder shall Ix construed under and governed by the laws ofine State of Colorado, USA. The fallowing Additional Conditions apply only in raws where the Seller is to perform work hereunder, including the services of Sellers Represenutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work al Sellers non risk .mil the same is fully completed and accepted, and shall, in e of any accident, destruction or injury in the work andor materials before Sellers fail completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materials and equipment art fumished by others Fir imuli.1m. or erection by the Seller, Ore Seller shall receive, umoad. store and handle same m the site and became responsible therefor as though such materials -Nor Imindend wore being famished by the Seiler under the order. - .. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational dis.ee Fetter., to its employees employed on or in connection with the work coveted by [his purchase Order, and/or m their dependen. in accordance with the laws of the sure in which the work is to be dame. The Seller shall also cart, comprehensive general liability including, but net limited Ia. contractual and automobile public liability insurance with bodily Injury and death limits of at lest S300,000 for any as portion, E500,0(U for any one accident and property damage limit per accident of Sand,", The Seller shall likewise require his contractors, if any, to provide for such compensation and imumnce_ Before any of the Sellers or its contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificale that such compensation and insurance have been provided. Such ccnificates shall specify the dam when such compensation and insurance hove been provided Such cenifeates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire wort: is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nmmes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature what never to persons or property crowd by or resulting from the execution of the work provided for in this purchase order or in concoction herewith. The Seiler will indettudfy and hold harmless the Purchaser and any r all of fire Purchasers officers, agents and employees from and against any and all claims, [asses, damages, charges or expenes, whether direct m indired, and wlogror m person or avpeny to which the Purchaser may be put or subject by reason of any act, Orion. neither, omission or default on the pan of the Seller, any of his continuous, or any of the Sellers or contractors officers, agents or employees, In case any suit or other proceedings shall be brought against the Putchseq or its officers, counts or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his cnatamors many of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defene thereof and to defend the same at the Sellers own expertise, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or criminal against the Purchaser or any of its or their officers, agents or employees in such soils or other proceedings, and in case judgment or other lien be placed Open or obtained againt the propetty of the Purchaser, or said parties in or. a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dismlved and diselso sid by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, famish and imall all grand, nreessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Au of 1970 and.11 rues and regulations issued ..at thereto. Revised 07R014