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HomeMy WebLinkAbout404115 KLEE ASSOCIATES INC - PURCHASE ORDER - 9145486Fort Collins Date: 09/24/2014 PURCHASE ORDER PO Number Page 9145486 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 404115 Ship To: MIS KLEE ASSOCIATES INC CITY OF FORT COLLINS dba JDEtips 215 N MASON, 3RD FLOOR PO BOX 15544 FORT COLLINS CO 80524-4408 RIO RANCHO NM 87174-0544 Delivery Date: 09/22/2014 Buyer: ED BONNETTE Note: TRAINING CLASSES; PER PROPOSAL DATED 9/8/14 FROM ANDREW KLEE TO JAMIE HECKMAN. Line Description Quantity Ordered UOM Unit Price Extended Price JDEtips Training 1 LOT LS 23,500.00 November 17-21, 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 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 1. COMMERCDM.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. On Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Failure of the Purchaser to insist upon inner pert once, of the terms and conditions herenE failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the out of a breach, the acceptance ofor payment for goods hereunder Or approval ofthe design, shall not release fie Seller of Goods Rejected. GOODS REJECTED due to failure to ram specifications, either when shipped or due to defects of any of the.1ies or obligations of this purchase order and shall not Is, deemed a waiver of any right of the danage in transit, may be rctnmM at you for credit and are not to be replaced except upon receipt of era at purchaser to insist upon.arict performance hereofor any of its rights or moredies as m any such goads, regardless im oranions from the City ofFortCollins. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported oral modificmim or rescission of this purchase order by the Purchaser opcmte as a waiver of any of the terms Inspection. GOODS are subject to the City or Fort Collins inspection as critical. here.(. Final Acceptance. Receipt of the merchandise, ser,ices or c luipturnl in response to IS, order can msolt in 12. ASSIGNMENT OF ANTITRUST CIAIMS. amhonzed payment oa the pan of the Ciry of Pon Collins. However, it is to be understood! Out FINAL Seller and the Purchaser recognize Out i. actual ee is pmmicq overcharges resulting from antitrust ACCEPTANCE is harnessing upon completion ofall applicable cequimceviolations d inspection procedures. violatioare in fact borne by the Purchaser. Theretofore, for rgood cans, wood m consideration for executing this purchase order, the Seller hereby assigns to be Purchaser any and all claims it may now have or hereafter Freight Trims. Shipments most be F.O.U., City of Fan Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal or sum antivun laws for such overcrcharga of acing to the dra imlar goods or services otherwise specified on fix order. If permission is given to prepay freight and charge separately, the odgimal freight purchased or witaird by the Purchaser pursuant m this purchase order. bill muse accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various puns of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destinatian, and excess freight will be ddumeJ no. Invoice wluat Porchaser and the Seller, and the Sol let thereafter indicates its mobility or unwillingness,. comply, the Purchaser mipnma. are made from greater distance. nary cause fie work m be performed by the mast expeditious means available to in, and he Seller shall pay all cosh ossocimd with inch work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licensti required by all applicable laws, regulations, oNirmnces and rules of the state, municipality, memory or political subdivision where the work is performed, or rryuired by any other duly camrimted public authority having Jurisdiction over 'he work of vendor. Seller fuller agrees to hold the City of Four Collins harmless form and against all liability and lass incurred by them by reason of an assumed or established violation of any such laws, regulations, mentor as, rules and requirements. Authorization All parties to this contract agree that the representatives are, in fact, honer fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temrs and conditions stated herein set forth and any supplementary or additional times and conditions annexed hereto or incorporated herein by reference. Any additional or different lames and conditions p upon by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anlve on your promised delivery date as..led. Time is of fe -znn. Delivery ad pei f.a nvme must be effected within the lime stated on the purchase order ar the documents attached human, No acts of the Purchasers including, without limiurion, acceptance of partial late deliveries, shall opcmte as a waiver of this provision In be ism army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding be Seller liable for damages. However, be Seller shall nor 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 rogligen", such acts of God, acts utensil or military authorities, govemmental priorities, fins, strikes, flood, epidemics, wars or rims 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 fie plod equal a the no actually lost by rucon fthe delay. 3. WARRANTY. The Seller warrants but all goods, articles, materials ad work covered by this order will conform with applicable drawings, specifications, samples and/or office descriptions given, will be fit for be purposes intended, and Performed with be highesr degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold be purchaser hvmless from any I., damage or expense which the Purchaser may suffer or incur on account of the Sellers beach of amenry. The Seller shall replace, repair or make good, without cost in be parehaser, any defects or faults arising within one (1) year or within such longer pmr of time as may be pracribled by law m by the terns of any applicable immunity provided by the Seller after fie dam of mecop room of fie goods famished hereunder hereptanw not to be unreasonably delayed), resulting funs impnfect or defective work done or materials famished by the Seller Acceptance or use of goods by be Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing w'aranow, or goammees, but such liability shall in a. occur include loss ofpmft, it fuss of rise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF Fi rNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by writers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the more, other fan legal terms, including additions to Or deletions lions the quantities originally ordered in the specifications or drawings, by verbal or change order. If any such change a@ch the amount due or the time ofat rf rename hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at any time by wrimen change .,dad Became this agreemenr as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as lee any work or materials their in progress provided that the Purehmer.ball not he liable for any claims par aiiia,zed profits on the uncompleted portion of tM1e goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella, with ,.spent to any gods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofony of their obligations man any gods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, acsend within thirty (30) days from the date the change or mrmirvlion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance coif all applicable laws and mi ul. icas ro which be goad we subject. The Seller shall execute and deliver such documents as may be required m effect ar evidence compliance. All laws and regulations required to be nuoTmmd in agreements of this character ore bunchy inwryoruted herein by this referencz The Sella agues ,, indemnify and hold fie PurcM1nser M1nmtless firm all tarts and damages suffered by the Purchaser as a result ol'the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, handles, or convey this ordea or any monies due or to become due hereunder without the prior werimen consent of the other party. 10. TITLE. The Seller warrants full, clear and unreshricmd title to fie Purchaser for all reciprocal, materials, and items famished in performance of this agreement, free and clear of any ad all liens, restrictions, row—fions, saeriry narrow encumbrances and claims ofothers. The Seller shall mleaw, the Purchaser and its contractors of any tier fmm all liability mod claims of any boom resulting from the performance orsuch work. This release shall apply even in the event of fault of negligence of fie party released owed shall extend to the directors, officers and employees ofsuch party. The Sellers contmcta d obligations, including crummy, shall not be dumd to be rducd, in any way, because such work is performed or coaxial Or be performed by the Purchaser. 14. PATENTS. Whenever the Seller,, required to am any design, device, material or pmnss covered by letter, patent, trademark Or copyright, the Seller shall indemnify and save hatmless the Porchaser 1'mm any and all claims for infringement by reason of the use of such turned design, device, bas nial or prowess in connection with the contract, and shall indemnify be Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afro fie completion of the work. In case said equipment, or any pm thereof or fie intended me of the goods, is in such suit held to consulate'uJn'ngemrnt and the use of Wit npiux r or Pan is enjoined, be Seller shall, at its own expense err at its option, either prows, for the Tenhasee be fight to continue using said equipment or pans, replan the same with substantially equal but nouinfringing equipment, or modify it so it becomes norrifn'nging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver Or tmsme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of fie agreement and the fights of all parries hereunder shall be otestroed order and gm'emed by the laws off, State Of Colorado, USA. The following Additional Conditions apply only in cones where the Seller is to perform work huemder. including the sersices of Sellers Repnsentmive(s), on be premises of orders. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until be same is fully completed and unrelated, and shall, in use of any accident, deson"Im or injury to be work andor materials before Sellers Gel completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mammals and equipment are finished by .,he. for installation or erection by the Seller, be Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under be order. 18. INSURANCE. The Seller shall, at his awn expense, provide for be payment of workers compensation, including Occupational disease beau fts, to its employees employed on or in cmmecom with he work mcerd by this purchase order, and/or to their deperenec in accordance with be laws of the state in which be work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contactual ad automobile public liability insurance with firmly injury and death limih or or least S300,rIW f any one Poor, S500,00(i) for any accident and propumy damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for uch conap,onation and insurance. Before any of be Seller, m his monsoon, employes shall do any work upon the premises of others, be Seller shall famish the Purchaser with a cenific no that such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and insurance have been provided. Such ceniftcdes shall specify the date when such compensation and insurance expires. The Seller agrees thut such compensation and insurance shall be maintained until met the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire resporrsduliry ad liability far any and all damage, loss or may afany kind r mature wM1msoever to persons or propery consul by or resulting from the execution of the work prodded for in this punchose order or in cmmmion M1erewif. The Seller will indemnify and hold harmless the Purchaser, and any r all of to Purchown, officers, agents and employees firm and ngairW any and all claims, Imses, damages, charges or expenses, whether direct or mown, err whether ro persons m property m which fie Purchases may be put or subject by reason of any act, action, neglect omission or defaull on be part of the Sella, any of his contractors, or any of be Sellers or contractors Offan, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time on account or by reason of any net, action, neglect, omission Or default of the Seller of any of his comments ar any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofinrs. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against be property of the Purchaser, or said parties in or as a result of such suits or other praeedings, ,he Seller will of once causer be same to he dissolved all discharged by giving boll or otherwise. The Seller and his contactors shall take all safely precaufions, humid, and insult all guard necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occuytional Safety and Heal( Act of 1920 and all rates and regulations issued pursuant Hereto. Revised 070014