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HomeMy WebLinkAbout119850 IEEE OPERATIONS CENTER - PURCHASE ORDER - 9145963PO PURCHASE ORDER 914596er Page C117/ of PURCHASE 45963 tot 2 Flirt Collins( n all invoices, pacst king ;-\V`I ` V 1 1 on all invoices, packing �slips and labels. Date: 10/14/2014 Vendor: 119850 IEEE OPERATIONS CENTER 445 HOES LANE PISCATAWAY NJ 08854 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/14/2014 Buyer: PAT JOHNSON. Note: Line Description Quantity UOM Unit Price Extended Ordered Price I All -Inclusive Power and Energy Standards Online Subscription 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 8,240.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is I I, NON WAIVER. 98A4502. Federal Excise Tax Exemption Cenifcare of Registry 84.6000587 u registered with the Collector of Failure of the purchaer to god st upon strict performance office It. and coeditiom hereof, failure or delay to Loam.) Rev.. Denver, Col..& (Ref. Colorado Revised Somalis 1973, Chapter 39-26, 114 (a). cxi,mixe any rights or remedies provided herein or by law, failure to promptly notify tM1e Seller in the event ors breach, the acceptance arm payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due m failure m meet specification, either when shipped or due to defects of way of the wacantax or obligation of this puchase order ape shall not he deemed a waiver of any right of the damage in transit, may he rearmed to you for credit and are not to Ill replaced except upon receipt of written purchaxr to insist upon strict performance Former., any of is tights or ormudies n to any such Rood, tenantless insamnions tram the City of Fort Collins. of when shipped, received or accepted, aw to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this pumM1ase offer by the Purchaser operate as a waiver of any of the terms Impectim, GOODS are subject to the City Of Fort Collin inspection oa amval. hereof. Final Acceptance, Receipt of the merchandise, serves or equipment in response m this offer can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fad Collins. Howevcr, it is to be underms! thatFINAL Seller and the Pu¢haser men, im Ihnf in nand a is practice, overcharges reauhing from anaifism ACCEPTANCE is dependent up on completion ofall applicable required inspection prouldwei, violations are in fact home by the Purchaser. I heretofore, far goad cause and as comidemtim fir executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereater Freight Ic ms. Shipments most be F.O.E., City of Pon Collins, 900 Wood St., run Collins, CO 80522, unless acquired under federal or suite anti"ust laws for such overcharges relating to the particular goods or services otherwise specified on this offer. If permission is given to prepay height and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase order, bill most accompany my ice. Additional charges for packing will not be accepled. 13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.detective Shtpmenf .. thee. Where aanufacmrers ho eksliummi, and Points in bought tts pans cordedf the Earn I voce shipment is Purchaser aser=iPurchaaa direct Or, d Seller cored nonconfrtrming or defective good by a dateants to be 0greed a on byPurchaser stir expected from ape naming natter diita point m dalieation, end excess freight will be deducted fmm Invoice when may noes and the Seller, and the Seller thhe rural ex,la indicates, its all or unwillingness b amply, the Puchuer shipments arc male from greater distance. may cause the work robe performed by the most expeditious means available to it, act the Seller shall pay all vests associated with such work. Parma. Seller shall proem¢ to sellers sole vest all necessary nicipl, eenifiracs and liaals subdivision by all applicable lam regulations, ordinances required by a and roles duty sate, d public territory m political subdivision whom the work is Serer furl, or required h any offer duly Tom Coded public authority hanoand gjinst allion over the work in vendor. Sella further agrees m hold the City li Tom Collim hamn, s from and regulations, all liability and loss tired by them by reason of an asserted or established violation of any such laws, regulations, ordinaries, roles and rcquir menu. Aufbmizntion, All ponies to this contact agree that the representatives are, in fact, bona fide and falsities full and wnplete:mtherity to bind said parties. LIMII'A'I ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein out foot and any supplementary Or additional terms and conditions annexed hereto or incorporated herein by ordnance, Any additional or dilferem tear and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASH ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pafineance most be effectual within the time stated on the purchase order and the documents afoch d formal. No was of the Purchaers including, without limitation, acceptance of partial late deliveries, shall agem¢ ss a waiver of this prevision. In the event orally delay, the Purchaser shall hoe, in addition m other legal and equitable ¢medics, the option ofpinrmg this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to comes not recoma dy foreseeable which are beyond its reasonable control and witMm is fault of negligence, such acts of Gal, acts need or military claimants, governmental priorities, fires, strikes, rood, epidemics, wars or roofs provided fat notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the time when the Seller flat received knowledge therm(. In the event of any such delay, the date of delivery shall b< extended for the period equal to the time actually last by reason afthe delay. 3. WARRANTY. The Seller warrants Ihal all scud, articles, materials and work covered by this offer will conform with applicable drawln,, specifications, samples and/or other desaripfioos given, will be fit far, the proposes intended, and performed with file highest degree of care and compamon, in accordance with cleared sondrd for work of a similar nature, The Seller agrees to bold the purchaser harmless from any less, damage or expense which the Purchaser may sutler or incur on account offine Sellers breach ofwaranry. 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 n may Im presentd by law or by me terms of any applicable warranty provided by the Seller after the dere of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance muse of good by the Purchaser shall not anlitam a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder milli exrmd m all damages proximately caused by me breach army of the foregoing minorities or guamnlres but such liability shall m no Went include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change offer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, the, than legal terms, including additions to or deletious from the an: title, minimally Ordered in the specifica"mal Der dmwings, by verbal or written change order. If any such change affects the amount due or the time ofpermmmrice hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, trommala this agreement as to any or all portions of der good then not shipped, subject to any egnisble adjnmeent between the parties n in any work or materials then in progtass provided that the Purchaser shall lot be liable for any claims for anticipated profits on the uncompleted ,onion of the gnat suffer work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which one thr Sellers combat stock. No such trombonist shall mlieve the Purchaser or the Seller of any of their obligation as many good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for wi eafmena .1 be asserted within thirty (30) days floor the dale the change or'crmintion is Ordered. I. COMPLIANCE WITH LAW. The Seller warrants Out all good sold hereunder shall have been produced sold, delivered and functional in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents to may be required to effect or evidence compliance. All laws and regulations required to be lnempomted in agreements c f this character are hereby incorporated herein by this reference. The Seller ,great to indemnify and hold the Purchaser harmless item all costs and damages suffered by the Purchaser en a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan, shall assign, "offer, or convey this Order, or any monies due or to became due hereunder without he prior written commit offer, other party. 10. TITLE, The Seller warrants full, clear and emreso-icrcd title to the Purchaser for all equipment, materials, and items famished n Performance of this agreement, fro and clam of any and all lien, restrictions reservation, security burned cncumbmnces ape claims afmhers led Seller shall mi. the Puchner and is contractors of any tier from all liability and claims of any euiture mulling from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the perry released and shall extend 10 the director, officers and employees crunch puny. The Sellers emaractial Obligations, including warranty, shall at be deemed to be reduced, in any way, because such work is performed Der mused in he performed by 1be Pu¢bamr. 14. PATENTS. Whenever the Seller is required to use any design, device, material of process covered by letter, palm,, trademark or copyright, the Seiler shall indemnify and save harmless the Foreteller from any and all claims for inMngement by mason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser far any cost, expense or damage which it easy be obliged m pay by reason of such infringement at any time doing the prosecntion or star the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consulate inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or parts tartaric the same with substantially equal but noninfi ngng equipment, or modify it so it bccoma emninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of eteditore, appoint a reciewc, or trustee for any of the Sellers progeny or business, this order may forthwith be cewded by the c Pu haser without liabiliry. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be onstmed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representalive(s), on the premises cranium. 17. SELLERS RESPONSIBILITY. The Seiler shall carry, on said work at Seller's own risk wail the same is Silly completed and accepted, and shall, on came of any accident destruction or injury to the work antler materials before Seller's final completion and neceplarce, compleae the work to Sellers own expeme and to the satisfaction of the Purchaser. When materials and equipment am famished by others for installation or notation by the Sella, the Seller shall receive, unload, stare and handle same at the site and become repamible therefor as though such maerals mdaor equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own experse, provide fir the payment of workers comm nafime, including mccup Boost disease benefits. to its employees employed on or in connection with the work covered by this purchase offer, ondfr 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 includin, but not limited to, contractual and aummobile public liability insurance with bodily Inlury and death limits oft, lean $300,W0 for any one pasties, 5500.000 far any one accident and property damage limit per accident of 5400,O00. The Seller shall likewise require his aclms, if any, la provide for small compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of othem the Seller shall furnish the Purchaser will, a cerificme that such compensation and insurance have been provided. Such comficatea shall specify are data when such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and citurance expires. The Seller agrees that such confirmation and insurance shall he maintained until after the entire work is completed and acceptedd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enam raponibibly and liability for any old all damage, kris or injury of any kind r wore whatscevef m person or p rl caused by or resulting farm the execution of the work provided fro in this pwdwv maker or in connexion herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to person m pmpeny m which the Purchaser may he put or subje t by reason of arty act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or cotnmctors officers, agents or employees. In cone any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to acme the defense therm( and to defend the same at the Sellers own expense, Io pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against he Purchaser Or my of is or their officers, agents or employees in such suits or Other Proceedings, and in case judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said parties in or an a result o'such suits or other proceedings, the Seller will at once cause the same 10 be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall uike all safety precaution, famish and inuill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all roles and Orplatio s issued pursuant thereto. Revised 07Q014