HomeMy WebLinkAbout375270 ACCUVANT INC - PURCHASE ORDER - 9145685City of
/0"F�ort Collins
Date: 10/01/2014
Vendor: 375270
ACCUVANT INC
1125 17TH ST SUITE 1700
DENVER CO 80202-2032
PURCHASE ORDER
PO Number Page
9145685 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 10/01/2014 Buyer: WILSON, JILL
Note: City has Agreement with Accuvent, see Bid 7408.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 IT Support
Inv. OAINV-11848 dated 9/5/14
WI
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1i' I_II
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 LS
15,021.89
Total
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. COMMERCIAL DETAILS.
Tax exemptionsl ey sualue the Cary of Fun Collins isexempt (corn some anal local coxes. Our Exemption Number is
11. NONWAIVER.
98,0,1502. Federal Excise Tax Exemption Certificate of Registry 84fio00587 is registered with the Collector, of
Failure of the Feathaa to insist upon strict performance of the leans and conditions bereof, failure or delay to
formal Revenue, Denver, Col..& (Ref. Colorado Revised Stories 1973, Chapter 39-26. 114 fa).
exercise any rights or remedies pconded herein or by law, failure to prwnptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of We design, shall not release the Seller of
Goods Rejected. GOODS RIJ ECTED doe m failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligatiam of this purchase order and shall not be deemed a waiver, of any right Of the
damage in transit, may be returned to you for coedit and arc not W be replaced except upon receipt of written
purchaser to insist upon strict performance ficanfor any of its rights or remedies as to any such goods, regardless
itsslmetions from the City of Fan Collins.
of when shipped, received or accepted, a to any prior or subsequent default heranden nor shall any pmpoaed
oral modification or remission of Was purchase, under by fie Purchaser operant a a waiver of any of the farms
Inespation GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, service s or Muiprvenf in response to this order can result in
12. ASSIGNMENT OF AM'11 RUST CLAIMS.
authorized paymml oa the part of the City of Fort Collins. However, it is to be underelood that FINAL
Seller and the Purchaser recognize that in actual economic praes ctice, overcharges rulting from antitrust
ACCEPTANCE. dependent upon completion of all applicable required inspection precdurro.
violations am in bourne by the Poaur. rchTheretofore, fagood auve and as consideration for executing this
rn
purchsse order, We Seller hereby assigns to he Purchaser any and all claims it may now have or hereafter
Freight Trurs. Shipments most be, F.O.IL, City of Fon Collins, 700 Wood St., Fon Collins, CO 80522, unless
agmooll anda fdeal or sum antitrust laws for such m'emchorges relating m the pa ticulm goods m service
whavvive specified on his order If permission is given to prepay freight and charge separately, the noticed freight
purchased ar acquired by the Purchaser pursuant to this purchase oMer.
bill must accommov invoice. Additional chware for oeckine will not be accepted.
Shipment Distance. Where manufacturers have distributing points in varmus parts Of the country, shipment is
expected from the nearest distribution point to desriwtion, and excess freight will be deducted from Invoice when
shipments art made from greater distance.
Permits Seller shall praure at sellers side cost all naessary pemtits, cemifiara and licenses required by all
applicable Incas, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
fire work is performed, or required by any ether duly constituted public authority havingjuridiction over the work
of vemfr. Seller further agrees m hold the City of Fort Collin harmless fmm and against all liability and loss
incurred by them by reamn of an assumed or aubfishd violation of any such laws, regulations, Ordinances, Me:
and requirements.
Aufad.udan. All On. in his conimct agree that the representatives are, in fact, bona fide and posses bill and
complete authority to bind said panic.
LIMITATION OF TERMS. This purchase Order expresady limits acceptance to the terms and caaitions sited
herein ant foah and any supplementary, or additional terns and a ambliva annexed hereto m iron sestaued herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby reflected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGF.N Iimmediately il'you cannot make cofnplere shipment ram arrive on your
promised delivery date a noted. Time is of the essence. Delivery and performance nun be effected within the time
stated on the purchase order crud he dacumrntt attached hareto- No acts of the Purehmers including, without
limitation, acceptance of pamial late deliecria, shall operate as a waiver of this provision. In the eve. ofany delay,
the Purchaser shall have, in addition to Other legal and egiticable remedies, he option of placing his order elsewhere
and holding the Sella liable for damages. I however, the Sella shall nor be liable for damages no Is result of delays
due to causes not reaonnbly foreseeable which are beyond its reasonable control and without it, fault Of negligence,
such acts of God, aces ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars ar
hots provided Wert notice of the conditions causing such delay is given to fie Purchaser within five (5) days of the
time when fie Seller first received knowledge thereof In the event of any such delay, he dare of delivery shall be
extended for the peril equal as the time actually last by reason ofthe delay.
3.WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will renfomt with applicable
drawings, f warreations, samples condor other descriptions given, will her fit for the purposes intended, and
performed with the highest degree of are and competence in accordance with im pod stardarts for work of a
similar wture. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which fie
Funchal may suffer or incur on account ofthe Sellers breach of wmn arty. The Seller shall replace, repair, or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be presabr l by law or by the it. of any applicable warranty provided by the Seller after the time of
acceptance of the goods famished hereunder (accepuae not to be umasorubly delayed), resulting from imperfect
or defective work done or materials fumishd by We Seller. Acceptance or ere of goods by dos Purchaser shall not
constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase ender, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
Or guanmmm, bur such liability shall in no event include lass of profits or loss of ere. NO IMPLIED WARRANTY
OR M ERCI IANTABILII'Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Parchment may make changes to legal ems by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pnrcham may make any changes m rise Items, other firm legal term, including additions m or deletions hour
the quantities originally ordered in the specific uiom or drawings, by verbal or wrinen change order. If any such
change affau the amount due or the time of perfomuar hereunder, an equitable djustront shall be, made.
6. TERMINATIONS.
The Purchaser may at any fine by wrinen change order, terminal this agreement as to any or ell par of the
goods their not shipped, subject to any equitable adjustment between the parties as to any work Or materials then in
,opas provided het the Purchase, shall nor be liable for any claims for anticipated profits on the uncompleted
podion ofthe good nndfor work, for incidental or consequential damages, and fault no such adjustment be made in
favor of for Seller with sapoct to any goods which are the Sellers staaand seek. No such termination shall relieve
the Purchaser or the Sella affray ofhelr obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for w1jatment must be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warms that all goods sold hereunder shall have ban Reduced, sold, delivered and fum6hd in strict
compliance with all applicable laws and regulations to which the goods arc subject The Sella shall execute and
deliver such documents as may be nquired to effect or evidence compliance. All laws and regulations required to be
manipulated in agreements of this character are hereby ineoryomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser ham lea from all cos. and damage suRered by the Purchaser as a result of the
Sellers failure to, comply with such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this under, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and onewricted side to fie Ruchma flu all equipmenq mutmals, and Items furnished
in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofotl
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
if he Purchaser directs the Sella to comet nonconforming or defective goods by a date W be agreed upon by the
Purrhasa and the Seller, and he Sella fiereaRer indicates its inability nr unwillingness W comply, the Purchua
may cause the week to be prrformor by the mot expeditious means available to it, as the Seller shall pay all
casts assaiatd wild such work.
The Seller shall release the Purchaser and its conimetors of any tier, from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extrnd to he
directors, nfrers and employers nf.ah puny.
The Sellers comful obdigalions, including warmm, small not be darned to be racial, in any war, because
such work is performed Or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is natured m use any design, device, material nr process revered by letter, patent, uad.,k
r copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for inGngemem
by reason of the use of such paten¢d design, device, material or process in connection with the antmer, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said tournament, or
any pan thereof or the intended use of the goods, is in such suit held to comfitute infiangemem and the use of
said ampmrnt or part is enjoined, Use Seller shall, to its own expense and at its clinical, ahtt procure for the
Purchaser the right to continue min& said equipment or pets, replace the same oaf substantially equal but
noninGnging equipment, or modify it so it becomes noninlHnging.
15. INSOLVENCY.
If the Sella shall become insolvent m bankrupt, make an assignment for the benefit of creditors, appoint a
forever r train, for any of fiouncee Sellers property or business, this ounce may fM owith be canceled by he
Purchaser without liability.
16. GOVERNING LAW.
The definitions of rem¢ used or the intnpretmion of the abrtcmed and the rights of all Radius hereunder shall be
compared under and governed by he laws ofthe State ofColoado, USA.
The following Additional Conditions apply only in coves where flue Seller is m perform work hereunder,
including he service of Sellers Represanurive(s), on fie premises of offers.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Seller, own risk until the same is fully completed and accepted, and shall,
in case of any accident, dmruction or injury to the work and/or materials before Sellers firml completion and
acceptance, eompin, the work at sellers own expense and to the satisfaction of fie Purchaser. When m.erials
and equipmenr are famished by others for installation or nation by the Sella, the Seller shall receive, unload,
store and boodle same at the site and become responsible therefor as though such materials and/or equipment
were being finished by the Seller under the oMer.
18. INSURANCE.
The Seller shall, at his own expertise, pmvide for the payment of workers c.npensamioq including occupational
disease be nefts, to its employees employed on Or in connection with the work caverN by this purchase order,
and/or to their dependents in accordance with the laws of the suite in which the work as to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, rnnlmetua[ and automobile public
liability insurance with badly injury and de+f limits of or least S3M,. fan any one pecan, S5no.np0 tin my
e accident and property damage limit per accident of 5400,000. The Seller shall likewise claim. his
if any, to provide for such eompemn and Lmumnce. Before any of the Sellers or his contmetors
employees shall do any work upon the promises of efforts, the Sella shall furnish the Purchaser with a ccdif cam
that such compensation and insurance have been provided. Such ceniferms ahall specify the dare when such
compensation and inst anee have been provided. Such cedifiaus shall specify the date when such compensation
and insurance expires. The Seller agrees that mail compensation and memories shall be maintained until after the
entire work is completed and acceptor.
19. PROTECTION AGAINST ACCIDENTS AND DANIAGES.
The Seller hereby era.. the entire responsibility and liability far ivy ad ell damagq lea Or injury artery kind
or nature whatsoever to persons or popedy caused by or roulling from fie execution ofthe work provided for in
this purchase order or in connection herewith. ]be Seller will indemnify and huld he coders the Purchaser cad any
or all of the Purchasers officers, agents and employees from and against my and all claims, loses, damages.
changes or expenses, whether direct Or inform. and whether to persons or properly, to which the Purchaser may
her put or subject by reason of any azt action, medial, omission at default on the par of the Sella, any of h6
contactors, or any of dos Sellers or comudors officers, agents or employaz In case any suit or other
proceedings shall be brought against fie Purchaser, or its officers, agents or employees at any time on account or
by reason of any act anion, neglect, omission or defsuh of the Sella of any of his contractors or any of if, or
their officers, ages. or employes or Ormond, fie Seller hereby agrees m assume the defense thereof and In
defend for same at the Sellers own expense, to pay any and all vests, charges, attorneys fees and other expenses,
any and all judgments pot may be incurred by or obtained against the Functional or any of its err their infirm,
agents or employees in such suits or other proceedings, and in case judgment or offer dim be placed upon Or
obtained against the property ofthe Purchases, or said parries in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or who wise. The Seller and
her comments shall take all safety precautions, famish and flood all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to afery including, but without limiution, the
Caupatioml Safety and Hadth Act of 1970 and all talcs and regular ore issued pursuant firear,
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