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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9142923 (3)Fort Collins Date: 08/22/2014 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: 05/22/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price C Mosquito Testing Services Change Order No 2-2014 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 1 LOT EA 6,439.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 litUchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfA1L5. Tax exemptions. By statute the City or Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-I4502. Federal Excise Tax Exemption Certificate of Registry 84-11100587 is registered with the Collator Of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due in defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt Of written intrucrlens from the City of Fon Collin. Impaction. GOODS art subject to the City of Fort Collins inspection on arrival, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in M autrized paym ent on the For of flue City City of Fon Collins He.,,,, it is to be mdrsdo eod thaFINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Too Collins. 0R) Wood Sr, pan Catlin, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge sepomtely, the original freight bill mnl accompany incident. Additional charges for peeking will von be arrested. Shipment Distance. Wlrem manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will he deductM from Invoice when shipments are made from greater disunce. Permits. Seller shall prosaic at sellers sole cost all necessary permits, certificates and licenses required by all applicable Incas, regulations, whirences and rules of the trade, municipality, territory or political suWivision where the work is performed, or natural by any other duly co entued public authority having juris&nims va the work of vendor. Seller further agrees to hold the City of Fan Collin bmmless tram and against all liability and loss murtd by them by rezmn of an mounted or esoblifhal vic,larow Of any such laws, regulations, ordinances, roles et re,uiremrms. Authorization. All parties to this contract 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 acceptance to the terms send conditions stated herein set forth and any supplementary or additional terms and condition annexed hereto or incorporated herein by rtfrtnce. Any additional m ditferrnr terms and condition son sh d by idle are objected to and hereby rejetd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout came[ make complete shipment to amive on your promised delivery date as noted. Time is of the caur s e. Delivery and performance must be eRected within the time said on the purchase order and the documents attached hemp. No was of the purchasers including, without Eminence, w,upo nee ofpnnial late delivmes, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to usher legal and equitable remedies, the option of plming 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 m causes rat mosta—bly foreseeable which art beyond in reasonble mntml and withoud its fault of mgligrnce, such acts of Gad, acts of civil or andiary emhodria, gnvanowmal Ronnie,, Tres, strikes, flood. epidemics, wan or nuts provided that notice Of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fins received knowledge thereof In the event of any such delay, the date of delivery shall be extrndd for dM period equal a the time actnally Ind by reason ofthe de]ay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specification, samples mNm other description given, will be fit for the purposes intended, and Performed with Nc highest degree of cart and competence in ecodenec with accepted standard for work of a mile nature. The Seller agrees rim held the purchaser harmless from any less, damage or aspen. which the Purchaser may suffr or incur on tremor of the Sellers breach of warranty. The Seller shall replace, repair or make greed, without cost o the purchaua any defects or faults ansing within one (1) year or within such longer period of time as may be preunbed by law or by the terms of any applicable wartamy provided by the Seller man the done of warrance of the goads famished hereunder (acceptance not a be unrmaowbly delayed), resulting from imperial or defective work done or materials famished by the Sella. Acceptance or use of goads by the Purchase shall not onlima a waiver of any claim under this warranty. Except as otherwise provided in this punbase order, due Sellers liability hereunder shall extend to all damaSes proximately caused by the breach of any of the foregoing sonnies Or gums eras s. but such liability shall in no event include loss Of profits Or loss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchase may make changes as legal tennis by written change ordm. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a the terra, he, than legal tense, including additions to or dele wit from the quantities originally ordered in the specification of drawings, by veAd or written change order. If any such change atfecs the ..an, due or the time oRaftartnance hems nder, an equitable adjustment shall be made. 6. TERMUNATIONS. The Purchaser may ar any time by commit change rider, nermime, this agreement as many or all pnnions of the good then tat shipped, subject to any equitable arforment between the panics as to any work or mmmals then in progress provided that the Purchase shall not the liable for any claims for anticipated profs on the uncompleted portion of the goods andor x'ark, for incidental or core quemial damages, and that no such adjustment Ee made in favor of the Seller with resperto any goods which arc the Sellers standard stock. No such Emainnion shall relieve the purchaser 0f the Setter army, of their obligation a a any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be named within thirty (30) days from the dole the change or termination is what 8. COMPLIANCE WITH LAW. The Seller xnrtonts that all Soo& sold Immunde shall base been produced, sold, delivered and famished in stict compliance with all applicable laws and regulation to which the goods we subject. The Seller shall execute and deliver such documms as may IR required] to effect or evidence compliamx. All lass and regulation mryird to be incorporated in agnemend of this character are hereby incorporated herein by this refetance. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchamer as a result of the Sellers Whom a 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 consent of the other party. 10. TITLE. The Seller warrants fall, clear and amestdcted title to the pumhaur for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restriction, neavanime. secwry interest ca cumbmnen and claims oforhers. 11. NONWAIVER. Failure of the Purchaser to noun .Wa stria perfwourawe of the termsamacondition hereof, failure or delay to any rights or remedies provided herein or by law, failure ro promptly notify the Seller in the event of a brew h, the acceptance ofor payment far &cods hereunder or moval ofhe design, shall not mt. the Seller of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies n to any such good, regardless of when shipped, maned or accepted, n W any prior or subsequent default hereunder, nor shall any puryoned trial modification or rescission of this purchase order by the Purchaser operate us a waiver of any of the term hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller cod the Purchaser recognize that in actual economic practice, overcharges resulting firm in., violations arc in fact home by the Purchase. Thertafere, for good cruse and as consideration for executing this purchase other, the Seller hereby assigns to the Purchaser any and all claims it may now have or haeofer acquired under federal or sate anatmst laws for such overcharges relating to be particular Sands or services purchased or acquirN by the Purchaser pursumr to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comer annconlimming or defective good by a date to be agreed upon by the Purchaser and the Seller. and the Seller thereafter indicates its inability or unwillingness to comply, the Foremost may acuu the wok to be paficrme l by the most expedition mean available a it, and the Seller shall pay all costs assoclatd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any random resulting from the performance of such work. This release shall apply even is the event of fault of negligence of the pang released and shall extend to the directors, onlces cad employee, efsueh Party. The Sellers cormorant obligation, including warramy, shall Out be dermal a be reduced, in any way, because such work is performed or caned to be caRmonal by the Purchaser. 14. PATENT'S. Whenever the Seller is required to use any design, device, material or process covered by letter, patmL trademark or copyright, the Seller shall indemnify and save hmmleas the Purchaser from any and all claims fir Infringement by nawn of the use of such parented design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost, expense or dernage 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 aces, said equipment, or any pan thereof or the intended use of floe goods, is in such suit held to constitute infringement and the room of said equipment or For is commal, the Seller shrill, at its own expense and at its option, either pmarre for the Purchaser the right to continue Wing said equipinem or pans, replace the same with substantially equal but norni fnaging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bammpL make an assignment for the benefit of creditors, menial a receiver or trustee for any of the Sellers property or business, runs order may forthwith Ix canceled by the Purchaser widam liability. 16. GOVERNING LAW. The definitions of rams Wed or the interpretation efthe agreement and the .,his of all parties hereunder shall be comtrued under and governed by the laws of the State ofColomdo, USA. Tire following Additiond Condition apply only in cases where the Seller is to perform wort: hereunder, including rise services of ScHers Represenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said avork m Sellers own risk tmril the same is fully cemplad and accepted, and shall, in u of any saidem, destruction or injury to the work and/or marmots before Seller's fwl completion and eceptance, complete the work at Sella's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, tha Seller shill native, unload, van and handle same at the site and become responsible therefor az dough such materials moNor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expeme, provide far the payment of workers compensation, including occuparioovl disease benefits, ra its employees employed on or in connection with the work covered by this purchase order, amVor to their dependents in accordance with the laws of the sate in xhich the work is to be don. The Seller shall also carry comprehensive general liability including, but not limited to, contranml and automobile public liability insurance with bodily injury and death limits Of at ]am SpxL000 for any one person, M00,000 for any ne indent and property damage limit per accident of S4e0,000. The Seller shall BI wise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sella ar his connmcton employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compewtion and insurance have been provided. Such comficate shall specify the date when such compensation and inwass, have been provided. Such ceatifcaes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation cad insurance shall he, maintained until after the entire work is completed] and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Burnes the entire rnpansibility and liability fro any and all damage, loss Or injury army kind or nature whatsoever to persons or property caused by or remelting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold harmless the Purchaser and any r all of the Purtbui affairsagents and employees from and against any and all cairns, losers, damages, charges Fir expenses, whether direct Or indirect. and whether to person or property, to which the Purchaser may be put or subject by reason of any et, action, negler, omission or default oa the part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its ollicft, agents Or employes 0 may time on account or by reason of any azL action, argent, omaan or default of the Seller of any of bis contractors or any of its or heir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and Itr defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any east all judgments that may be incurred by or obtained against the purchaser or any of its Or their officers, agents or employees is such suits Or order proceedings, and at cue judgment or whet lieu be placed upon or obtained against the property of the Purchase, m said panics in or u a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precaution, furnish and install all gum& necessary for the prevention of accidents, comply with all bees and regulation with regand as safety including, but without limitation, due Ocepumsed Safety mad Health Act of 1970 and all roles and regulation issaal pursuant Weed. Revised 07n014