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HomeMy WebLinkAbout360929 TMA SYSTEMS LLC - PURCHASE ORDER - 9146604Fort Collins PURCHASE ORDER PO Number Page 9146604 1of3 This number must appear on all invoices, packing sli s and labels. Date: 11/12/2014 Vendor: 360929 Ship To: OPERATIONS SERVICES TMA SYSTEMS LLC CITY OF FORT COLLINS DEPARTMENT 2042 300 Laporte Avenue TULSA OK 74182 Building B FORT COLLINS CO 80521 Delivery Date: 11/10/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 TMA gold annual support-2015 1 LOT LS 2,886.78 Admin portion 2 TMA gold annual support 1 LOT LS 2,886.78 BRM portion 3 TMA gold annual support 1 LOT LS 2,886.78 HVAC portion a TMA gold annual support 1 LOT LS 2,886.81 Aquatics portion 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.mm Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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 PO Number Page 9146604 2of3 This number must appear on all invoices, packing sli s and labels. Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 15 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City affair Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ce tificatc of Registry 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict peef re of the yens and Mondaions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samurai 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a brmch, the acceptance of or payment for goads hereunder or approval of the design, shall not gilease the Set Iar of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shot[ not be demand a waiver of any fight of the damage in transit, may be returned! to you for credit and ate not to be, replaced except upon receipt of wrihen pughtf ur t0 insist upon strict performance bereafor any of its rights or remedies as many such goods, regardless inswctmos fen the City of Fort Collins. Of when shipped, received or accepted, as to any prior or subsequent default hmundeq we shall any purported aml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the if. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandiu, services or equipment in rtsprove m this order mg result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the, City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser accognix chat in actual « tem practice, overcharges resulting fromtitrust ACCEPTANCE is drpendmt uponcompletionofall applicablerequired inspection praedures. violations am in fact home by the Paternoster.Thertrafone nfm good muse and as mnsideation fen executing Nis purchase order, the Seller hereby assigns as the Purchaer any and all chains it may now, have or hereafter Freight Terms. Shipments most b< F.O.B., City of Fort Collins, 100 Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating of the particular goad or service otherwix sp r ified on this order If permission is given to prepay freight and charge separately, IN, original freight purchased or acquired by the Purchaser pursuant to this parchase oNer. bill must accompany invoice. Additional charges fen Puking will not l e accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wilson, manufacturers have distributing points in various in of the country, shipment is If the Purchaser directs da, Seller m Mtren awncomfoeming Or defective goods by a date as be agreed upon by the eapected fmm the nearest distribution paint us destruction, road excess freight will Is, deducted from Invoice when Footrace trial the Seller, and the Seller thereafter ins mres its medthity or unwillingness m comply, the Purchaser shipments are made fmm greater distance. may cause the work W be performd by the most expeditious means available m it, and the Seller shall Pay all Moss asaociard with such work. Permits. Seller shall procure at sellers sole cost all necssary permits, cenifimtes and licenses required by all applicable laws, regulariom, ordinances and tales of the state, municipality, larmory Or political subdivision where the work is performed, or required by any other duly mtstimted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fog Collin bmmless fmm and against all liability and loss incurred by them by reason of an assured or established violation of my such laws, regulations, odiwnccs, tales and requirements. Authovation. All parties W this contract ague that the represenWiva ore, in fact, bona fide and posuss fall all complete authority In bind said parries. LIMITATION OF TERMS. This Purchase Order expressty limits acceptance to the tents and conditions stated herein set fall and any supplementary or additional arms and conditions summered login, or irrcorpomted herein by reference. Any additional or NBaenneam and candidates proposed by seller are objected W and bmby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camwt make complete shipment to arrive on your promiud delivery date as noted. Time is ofthe ¢scare. Delivery and pfirforman. must Ise effected within the time stated an the pamhau order and the dncummu attached began. No arts of the Purchasers includin& without limitation, acceptance infusing late deliveries, shag opmae in a waive nnhis provision. In the event affray delay. the Purchaser shall have, in addition to oNer, legal and equitable tmedies, me option of placing this order elsewhere and holding the Seller liable for disguises. However, the Seller shall hot be liable fen damages as a result of delays due to causes not rezueably foreseeable which are beyond its giasanable control and without its fault of negligence, such ants oI`Giid, acts ofciA[ or military antMdlim, govmmmtal priorities, fires, ord rs, bond, epidemics, wars or nos provided that notice of the condition rousing such delay is given to the Purchaer within five (5) days of the crime when ale Seller first received kmwled, tMrcoL In the event ofany such delay, the dace of delivery shall be extended for the period equal to the time ueaally lost by mown ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by Nis ender will conform with applicable drawings, specifications, samples anNer other descriptions given, will be fit for the putiaxes intended, and performed with the highest degree of care and competence in accordance with accepted standard far work of a imilor nayre. The Seller agers W hold the purohaser hamtless from any loss, damage Or es,. which the Purchaser may suffer m incur on account ofthe Seller breach of warranty. The Seller shall replace, repair or make good, without cosuo the'chase" any defects or Gelb arising within one (U year or within such longer period of time as may be prescribed by law or by the tents ofany applicable warranty provided by the Seller aget the date of acceptance of me goods f isbed hereunder (acceptance not to be unreasonably delayed), resulting NO. impeder, or defective work done or materials famished by the Seller. Acceptance or use, of goods by the Purchaser shall nut constitute a waiver of my claim under this wareamty. Except as otherwise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gumnmes, but such liability shall in no event include loss of profits 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 winners change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teens, other than legal terms, including additions to or deletions from the quantities originally ordered in the spmifcations or drawings, by verbal or written change order . If tiny such change effects the amount due or the time ifperfommnce hereunder, a a equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement in to tiny or all portions of the goods fen not shipped, subject to any equitable adjustment between the parties in to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmEts on the uncompleted portion ofthe goods armor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Seller standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered herrunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty, (30) days from the date the change Or termination is orde d. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been pduced, sold, delivered and fumishd in strict compliance with all applicable laws and regulations to which fie good art subject, The Seller shall execute and deliver such documents as may be required] to effect or evidence compliance. All laws rind regulations required to he incorporated in agyements of this chairman: are hereby imempamted herein by this reference. The Seller agrees to indemnify and Mid raw Practitioner harmless f all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or Magnify this osdin, or any monies due or w become due hereunder without the prior vennan comet offe omen party. 10. TITLE. The Seller wamnts full, clear and umestricred title to that, Purchaser for ell equipment, materials, and it. famished in performance of this agreement, fine and clues of my all all liars, restrictions, innervations, maturity interest mcumbrhnco and claims o f others. The Seller shall release the Purchaser and its contractors of any tier flan all liability and claims of my nature resulting fmm the, Performance ofsuch work. This beleue shall apply even in the event of fault of negligence of the party released ad shall car" to the directors, officers and employees ofsuch party. The Sellers Montserrat obligations, including warranty, shall not be deemed to be educed, m any way, because such work is perfoemed or ..tire be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is temped to use any design, device, material or process roved by loner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and oft claims for infringement by reason of the use of such patend design, device, material or process in correction with the contract, all shall indemnify the Purchaser fen any east, expense or damage which it may be obliged to pay by reason of such infringement many time during the prosecution or after the completion of the work. m case said equipment, or any pan thereof or the ImeMd use Of the good, is In such suit beld to Mnstlmre Infringement and the use of said equipment or pan is enjoined, the Seller shall, at in oven expense find at in option, either Pmcme for the Purchaser the right to continue using said elnipmeat or parts, replace the same with substantially equal but naninGnging equipmntr, or modify it an it becomes noninf raging. 15. INSOLVENCY. If the Seller shall became running Or bargoo d, make an ressigomenr for the benefit Of creditors, appoint if receiver or reashe fen any of the Sellers property or business, this order may foMwith be mnceld by the aur Purchwithout liability. 16, GOVERNING LAW. The definitions ofit. used or the interpum60n Ofahe aggiemmt and the rights Of all parties hereunder shall be camwed under and govmed by We laws ofthe State ofColomdo, USA. The following Additional Conditions apply only W cases when the Seger is to perform work hereunder, including the services of Sellers Reprtsmtariven), cn the premiss ofighMs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn ask until the same is fully completed and accepted, and shall, in au of any accident, destruction or injury to the wok anNm materials before Sellers f I completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment am famished by other for installation or ame icn by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment wine being famished by the Seller under NO older. I I. INSURANCE. The Seller shall, at his awn expense, provide for the payment of worker compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pumhau order, and/or to their dependents in accordance with the laws of the stay in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with ba ily injury, and death limits of at least $300,000 for any one petmn, $500,000 for any one smidcm and property damage limit per accident of $400,00B The Sella shall likewise ,at. his untmnna, if any, to provide for 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 c mifimres shall specify the day when such compensation andinsurancehave been provided. Such certificates shell specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire work is completed and accepled 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Tar Seller hereby assumes the entire rupoosiblity and liability for any all all damage, loss or injury of any kind or naive whatsncver to persons or property mimed by or resulting from fie 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 Purchasers olEcem, agents and employes from and against any and all claims, losses, damages, charges or experses, whether direct or mimed. and whether to persons or property to which the Purchaser may be put or subject by reason Of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors ofticm, agents or employees. In men any suit or edger proceedings shall be brought against the Pureluer, or its officers, agents or employees at any fine an account or by reason or any act, action, neglect, omission or demult of the Seller of any of his communities or any of its or their officer, agents or employees as aforesaid, the Seller hereby agree, t0 assume the defense thereof and as defend the same m the Sell. own eapense, to pay any and all coons, charges, ahomeys fees and oNer expenses, any and all judgments that may be incurred by or obtained against fie Purchaser or any of its or thew officers, agents or employees in such suits or other proceedings, and in rase judgment or ofer lien M placed upon or abound against the amparty ofthe Purchaser, or said parries m or as a result of such suits or order proceedings, dre Seller will at once caps, the same to M dissolved and discharged by giving bond or oferwne. The Seller and his commoners shall tape all safety precautions, famish and install all guard necessary for rM prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, do Occupational Safety rod Health An of 1970 and all tales all regulations issued pursunot theeem. Revised 07J2014