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HomeMy WebLinkAbout439720 LARIMER COUNTY NATURAL RESOURCES - PURCHASE ORDER - 9146283PO PURCHASE ORDER 914628er Page City of PURCHASE 9146283 tot 2 Flirt Chisnumber must appear /--!`'`�,J`' Collins` 1 1 on all invoices, packing sli s and labels. Date: 10/28/2014 Vendor: 439720 Ship To: FORT COLLINS SENIOR CENTER LARIMER COUNTY NATURAL RESOURCES CITY OF FORT COLLINS ATTN: ZAC WIEBE 1200 RAINTREE DRIVE 1800 SCR 31 FORT COLLINS CO 80526 LOVELAND CO 80537 Delivery Date: 10/27/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Get Outdoors Day expenses 1 LOT LS 5,947.08 Statement dated Oct. 16,2014 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:purchasingQfcgov.com 947.08 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Titans and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Cultures is exempt frown state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502, Federal Excise lax Exemption Cannons, of Registry 84-600058T is registerd with the Collector of Failure of the Purchaser to insist upon stria performance of life terms and conditions hereof, failure or delay to Interval Revenue, Denser, Colamdo (Ref Colorado Revised Sutures 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 acceptance ofor payment for goods hereunder or approval of the design, shall nut release the Seiler of Goods Rejected, GOODS REJ ECI ED due an failure To meet sped fiatio., either when shipped or due to defects 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 awful, nay be retumW to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict perfomme, hereofer any of its rights or readies as to my such goods, regardless inmactions from fie City of Fon Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purconed oral modification or rescission of this purchase order by the purmea operate as a waiver of any of me terms Inspection. GOODS are subject to the City ofFart Callum inspection on mrival. hereof. Final Acceptance. graft of the merchandise, services or equipment in spunn, to this order an fault in 12. ASSIGNMENT OF ANTITRUST CLAIMS. waly nzed payment oa me Pan of the City of Pon Collin. However, it is m be undersmd that FINAL Sella and the Purchaser recognise that in actual a esul is practice, overcharges rting Gout antimut ACCEPTANCE is dependent upon completion of all applicable required hom inspection procedures. violations me in fact e by the Purchaser. Theretofore, good cause and n consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments in be F.O.B., City of port Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal Or smut Untiwst laws for such overcharges relating to the ponleular Goods or services otherwise specified an this aide,.lfpermission is Risen to put freight and charge separately, the original freight purchased Or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Aditiooal charges for picking will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whem manufacturers have distributing points in amous puts of the country, shipment is Ifine Purchaser directs the Seiler to cored meammuning err defeaire good by a date to he agmd upon by the expated from the nearest distribution in, tp destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability Or unwillingness fo amply, the purchaser shipments me made from Russia distance. may cause the work to be perforated by the mast expedition mean mailable as it, and the Seiler shall pay all costs acwciand with such work. Prnnits. Seller shall procure at sellers sole cast all am.., permits, certificate and licenses rtynird by all applicable laws, regulations, ordiwnen and ales oftbe slate, municipality, drriany or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdanion over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss manned by them by reason of an asserted or established vi fla ian of any such laws, regulations, ordimnccs, roles and requirements. Authoritarian. All parties to this contract agree not the representatives are, in fact, bona fide and possess full and complete authority to bid said ponies. LIMITATION OF TERMS. This Purchase Onalk, expressly land. acceptance to the In. and condition sTatd herein set forth and any supplementary or ari inowl temp and mditimss annexed hereto or incorpomtd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby carried. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised defivcry, date as noted. I an is of the essence. Delivery and performance must be effected within the time sm d on the purchase order and toe documents attached bacto. No acts of the Purchasers including, winnow limitation, acceptance of partial Irate deliveries, shall operate as a waiver Trans provision, In toe event ofmy delay, the Purchaser shall have, in addition to offer legal and equitable remedies, me option of placing This order elsewhere and holding the Sella liable for damages. However, the Seller shall real h liable for damages as a result of delays due to causes not reamwbly foreseeable which art beyond its reasonable anwl ad without its fault of negligence, such coca ofGd, acts ofeivil or military authorities, gmemmental priorities, fires, spikes, Road, epidedcs, wars or fiats provided Nat notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the dine of delivery shall be, extended for me period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confotm with applicable drawings, spcifications, temples and/or other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted smndards for work of a similar .tore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhnser may sulitr or incur on account of me Sellers breach of wmranty. 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 pedd of time us may be presented by law or by me mums of any applicable warranty provided by the Seller site, The date of ,.replan, of the goods famished hereunder (acceptance not U. be unm..bly delayed, resulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of good by the 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 to all damages proximaely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits in 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 sennen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal comes, including odditiom to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or woven change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made 6. TERMB4ATIONS. The Purchaser may at any time by written change order, terminate this agreement n to my or all ponion of the goods then On shipped, subject to any equitable adjustment hawan the panics as to any work or materiels then in progress provided Out the For<hazes shift not be liable for my claims for anticipated profits on the uncompleted portion of the good andror work, for incidental or caaequenrial damage, and that no such adornment be made in favor of the Sella with raped to any goods winch au The Sellers invariant stack. No such warnimtion shall relieve the Purchaser or the Sella of my olden obligations n to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within many (30) days from the dam tha change err terminmion is ordered. 8. COMPLIANCE WITH LAW. The Sella sanctions that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulation to which the goods are abject. The Seller shall execute and deliver such documents n may be required to effect or evidence compliance. All laws and regulation requitd to he incorporated in agreements of this character, are horsy incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hmmless fmm all costs and damages sufTaW by the Purchase, n a result of me Sellers failum to 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 caner ofthe oiler party. I O. TITLE. The Seller warrmts full, clear and unrestricted title to me Purchaser for all equipment, materials, and inems Famished! in P dommce of This agreement, face and clar of any and all liens, candidates reservation, security interest encumbrances and claims of ohers. The Sella shall release the Purchaser and its comments of any rid from all liability, and claims of any nano, resulting from die performance ofsuch work. This release shall apply can in the event of fault of negligence of the party released and shall extend no the directors, oltiT— and employees of such parry. Ile Seller's contractual Obligations, including womanly, shall not he deemed to be reduced, in my way, become, such work u perfmmd err ..ill. be pef..W by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, denies, maedl or process covered by loner, pam,, trademark copyright, the Seller shall indemnify frog m save hmlas the Purchaer sfmm any and all claims for infringementhY reason of the use or such patented design, desire, material or pmrmts in connection with the antmrt and shall indemnify the Purchaser lot any cost, expense or damage which it may be obliged fo pay by reason ofsuch infringement at any time during the prosecution a after the completion of the work. In cute said equipment, or any pan thereof or the intended use of The good, is in such suit held to constitute infringement and The sere of said equipment or pan is enjoined, the Sella shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace me sane with subse nnally em.l but tmninGtnging equipment, or modify it so it becomes mninfnnging. 15. INSOLVENCY. If he Seller shall become ina and, or haMmpt, he an assignment for the bereft of creditors, appoint a waiver Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterres rid or the interpretation of the agreement and me ,his of all parties hereunder shall be conrmed Under and governed by the laws oftbe State ofColarado, USA. The following Additional Conditions apply only in cases where me Sella is to perform weak hereunder, including the services of Sellers RepresermaOve(s), on the premises ofomerrs 11. SELLERS RESPONSIBILITY. The Seller shall arty, on said work at Sellers own r¢k until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury in the work andor mammals before Sellers final completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by me Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as Though such materials and/or equipment were being fumishal by the Seiler under me order. 18. INSURANCE. The Seller shall, m his awn expend, provide for the paMeet ofwml: as compensation, including occupational disease bemfmn, lr its employees employed on or in connection with the work sacred by this purchase order, andrar to fheh depedents in accordeoce want The laws of the sate in which the work is to be done. The Seller shall also any, camprehenive general liability includin& but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for my ce occident and property damage limit per accident of $40D,000. The Seller shall likewise remain, his ontractors, if any, 10 provide fur such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such omparsafim and inumnce hove bcen provided- Such anlficmes shall specify before when such compensation and insurance expires. The Seller agrees that such c.m tion and insurance shall be maintained until after the entries work is completed and werpld. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire responsibility and liability for any and all damage, loss or injury ofmy kind or nnmre whatsoever to persons or property caused by or resulting fmm the execution of the work provided fin in this purchow order or in connection herewith. The Seller will indemnify and hold found. the Purchaser and any r all of the Purchasers otiicen, agents and employees fiom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, Or any of the Sellers or compactors oMet., agents of employees. In caus any suit o other proceedings shall be, brought againl me Purchassic, or its officers, agents or employees at any fire on account or by mason of any act, action, neldra, omission or demulf of The Seller of any of his comraerors or my of its or their oRcers, agents or employees as of woutid, the Sella hereby agrees to assume the defense thereof and to defend The same at the Sellers own expend, to pay my ad all casts, charges, attorneys fees and offer captious, any and all judgments that may be incurred by or obtained agairst The Purchaser or my of its or Their officers, agents or employees in such suits or other procedings, and in rase judgment in other lien be placed upon or obtained against the property of the Purchaser, or said parties 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 otherwise. The Seller and his contractors shall Take all safety precautions, bought and install all gamrd necessary for me prevention of accidents, comply with all laws and mum.da. with regard to safety including, but without limitaion, me Occupational Safety and Health Act of 1970 and all ales and regulations issued pursunnt themes. Revised 072014