HomeMy WebLinkAbout125240 DEAN EVANS & ASSOCIATES INC - PURCHASE ORDER - 9146677Fort Collins
Date: 11/14/2014
PURCHASE ORDER
Vendor: 125240
DEAN EVANS & ASSOCIATES INC
5613 DTC PARKWAY, STE 1250
GREENWOOD VILLAGE CO 80111
PO Number Page
9146677 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 11/14/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 EMS Enterprisell/l/14-10/31/15
Service Agreement Renewal
1 LOT LS
PER SALES ORDER #SO1976 TO JARED SCARES DATED 11/1/2014.
EMS ENTERPRISE ANNUAL SERVICE AGREEMENT RENEWAL
11 /l /2014-10/31 /2015.
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
5,310.00
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. COMMERC]ALDErAlls.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Emmption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6000582 is registered with the Collector of
Failure of the Purchaser to insist upon stria performance of the mmu and conditions hereof, fbihou or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, 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 ofhe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of 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 transit, may ha retuned to you for credit and an, not o be replaced except upon receipt of written
purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such goad, regardless
instructions from the City of Fan Collin.
of when shipped, received or accepted, as 0 any prior or aubuqurnt default hereunder, nor shall any parpared
sal modiftwdan a rescission of this purchase order by the Purchaur operate as a I. army obthe terms
Impectiov. GOODS arc subject to the City of Fan Collin inspection as arrival.
hereof.
Final Accepance. Receipt of the merchandise, stoics or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to as understood that FINAL
Sella and the Pmchasm recognize that in actual economic practice, overcharge resulting form antitrust
ACCEPTANCE is dependent upon completive of all applicable romird inpeamn procedures.
viclaborrs m, in fact home by the Purchaser. Theretofore, for good mare and as consideration for executing his
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or banner
Freight Terms. Shipments must bu F.O.B., City of Von Collins, 700 Wood St, Ton Collins, CO 80522, unless
acquired under federal or slate antimrst laws for such averchmgn relating w the particular good or services
otherwise specified on this order. If perm¢sion is given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit] most accompany invoice. Additional charges for Rickard will nor be accepted.
Shipment Distance. %me manufacturers have distributing points in various pars of the cowtry, shipment is
expected fmm the nearest distribution point to destitution, and excess freight will ha deducted fmm Invoice when
shipments are made from Santa distance.
Permits. Seller shall procure at sellers ale cast all necesxry permits, cenfificates and hunses required by all
applicable laws, regulations, ordinances mid rules of the state, municipality, territory or Political subdivision where
the work is performed, or required by any offer duly comanded public authority having junwhition over the work
of vendor. Seller further agrees to hold the City of Too Collin harmless from and against all for iliry and loss
rtea ed by them by rwn of an asscned or established violation of any such laws, regulations, ordinances, mles
incurred
nd requiremen6.
Authonzatim. All panic to this contract dom that the reprexntativw are, in fact bona fide and possess full and
complete authority to bird aid panics.
LIMITATION OF TERMS. This Purchase Order expressly limits aaepavee to the terms and condition stated
herein set both and any supplementary or addinoral terms and conditions aanexed hereto or inaugurated herein by
reference. Any additional or different arms and condition proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT or mediandy if you cannot make complete shipment to arrive an your
Promised delivery date as pored. Time is of the ease.¢. Delivery and performance ..it be effected within the time
stared on the purchase order and the documents attached harem. No acts a the Purchasers including, without
limitation, acceptance of psnial late deliveries, shall operate in a waiver ofthis provision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sella liable for damages. Howe'a, the Sella shall not be liable for damages n a result of delays
due to comes not measurably Foreseeable which are beyond its reasonable normal and without its fault of negligence,
such aas of God, aas of civil in military authorities, governmental prionfies, fires, strikes, Road, epidemic, wars or
Hors provided that notice of the condaloas caning such delay is given to the Puchna 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 the period most to the time acm illy lost by cousin of the delay.
3. WARRANTY.
The Seller warrants that all goods, amides, malards and work cavcad by this order will confomd with applicable
drawings, specificatiora, samples and/or other description given, will be fit for the purposes intended, and
Performed with the highest degree of me and umparnse in acwrdsom with accepted standard for work of a
similar nature. The Sella agrees to hold the purchaser harmless From any loss, damage or expeme which the
Purchaser may suffer m incur an account office Sollars bench of wamwry. The Sella shall replan, repay ve make
goad, without cast to the purchaser, any defats or faults arising within ors, (1) year or within such longer period of
time as may be, presenbM by law or by the term of my applicable warranty provided by the Sella after the also of
acceptance of the goods famished hereandm (accepmue mat to be unreasonably delayed), resulting from imporfat
or defective work done or nationals furnished by the Seller. Acceptance or use of goods by the Purchase shall not
institute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damags proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event 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 Por<haxr may make changes to legal arms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tam¢, including additions to or deletions firm
the quantifies originally ordered in the specifiections or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfomame hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wdrrw change order, tmminate this agreement n to any or all proton of the
goods then not shipped, subject to any Mumbm adjustment heu seen the parties n to any work of materials then in
pmgmn provided mat the Purchaser slutI not the, liable for any claims for anticipated profits on the wcompleted
Portion of the good and/or work, for incideoad a roraequentul damages, and that no such ndjostmrnt be nude in
favor ofthc Sella with respect to any goods whim art the Sellers standard stuck. No such femdrative shall relieve
the Purchaser or the Seller of any of their mligmion m to any good delivered hammer.
2. CLAIMS FOR ADJUSTMENT.
Any claim for admournnttt must be asserted within thirty (30) days firm the date the change of termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waaawIs that all goods sold heretiMer shall have bred produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulation to which the good are subject. The Sella shall execute and
deliver such documents as any be required o effect or evidence compliance. All laws and regulation required to at
incorporated in agreements of this charaam ant hereby inamporalcd herein by this reference. The Seller agres to
indemnify and hold the Purchaser harmless from all costs and damages sufRred by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, handful, or convoy this order, or any monies due of to become due hereunder without the
prior written consent oDhe other parry.
10. TITLE.
The Sella warants full, clear arc unsatriaed sine to the Pttrchner for all equipment, matesiak, arid it. famishd
in effornsionce, of this agreement, free and clearr of any and all liens, reariaion, aoa ai ma, saary interest
mcombrdacn and claims of mhera
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases direcfs the Sella to coned nonronfmming or defective goods by a date to be agreed upon by the
Purchna and the Sella, and the Seller therwfter indicates its inability or unwillingness w comply, the Purchaser
may cause the work to to performed by the most expedition nrcvts available to it, and the Sella shall pay all
rose associated wind such work.
The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any mature
resulting from the pennon ace of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofauch party.
The Scllers rontacmal obligation, including warranty, shall not he doormat to ha reduced, in any way, because
such work is performed or caused in be pert d by thc Ptvehntt.
14. PATENTS.
Whenever the Sella is rcuird to use any design, device, material or powers covered by ]error, patent trademark
copyright, the Seller shall indemnify and save M1mmlen the Porchaa horn any and all claims for infringenrom
by mama of the use of such patented design, device, material or process in connection with the audons, and
shill indemnify the Purchaser fin any cast, expense or damage which it may be obliged to pay by mown of such
infringement at any time during the prosecution or after the completion of the work. In tax said equipment, or
any Jinn thereof or the intended use of the goods, is in such suit held to constitute infringement and the sex of
said equipment m pan is mjoined, the Sella shall, at its own expense and at its option, either praure for she
Parchner the right to continue using said equipment or pans, opium the same with aubsturnally earl but
noninfringing component, or modify it so it becomes rwninfn'nging.
15. INSOLVENCY.
If the Sella shall become insolvent or bindings, make an assignment for the benefit of auditors, appoint a
poiciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchna without liability.
16, GOVERNING LAW.
The definitions of tents used of the immigration. of the agreement and the rights ofall at. hamoda slall he
romtrued coder and governed by the laws ofthe State ofColomdo, USA.
The fallowing Additional Condition apply only in coos where the Sella is to pert. work hure rder,
including the services cfSellers Repaner ative(s), on the premiss ofmhera
17. SELLERS RESPONSIBILITY.
The Seller shall cant' on said work of Sellers own risk it the same is fully completed and accepted, and shall,
in rase of my accident, destruction or injury in the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When msteria]s
and equipment me finished by others for inallation or erection by the Seller, the Sella shall receive, uNoad,
store and handle same at the site and beome rspoosible therefor as though such materials and/or equipment
went being f'shed by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for file WYmrnn of workers and,drancifican, including accapaM1oral
disease bmefrts, to its emplayees employed on or in romttctiwn with the work covered by this purchase all
and/or to their depmdena in acrar ]mare with the laws of the state in which the work is to be done. The Seller
shall its , carry comprthensive general liability including, bur not limited to, cnntracnul and amomaMle public
liability inumnce with bodily injury and death limits of at least $300,000 for any one person. E500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contraction, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Seller shall Finnish the Purchaser with is certificate
Pot such compensation and insurance have been provided. Such c udificarn shall specify the date when such
compensation and inuarrce have been provided. Such s rificats said specify the dam when such comp ass atinn
end insurance expires. The Sella agrees that such compensation and insurance shall ha maintained unlit after the
.an work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the it. responsibility and liability for any and all damage, loss a injury ofany kind
or nature whatsoever to Formic or property caused by or resulting from the execution of the work provided farm
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers oRficers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or cataract, and whether to person or pmpeaty m which the Purchase may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his
contracts, or any of the Sellers or comacors officers, agents or employeca In sax any suit or other
Proceedings shall ha brought against the Parmesan, or its .Misers, agents or employees at any time on scuunt or
by reason of my ac4 action, Mimi. omission or default of the Sella of any of has warraanrs or my of its in
their offcas, agents m employees n afcuriod, the Sella hereby agrees o assume the defene thereof and to
defend the same at the Seller on expense, an Pay any and all casts, chargs, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchna or any of its or their officers,
agents of employers in such suits or other proadings, and in case judgment or other lien be placed man or
obtained against the property of the Putchneq or said panic in or as a result of such suits or other proceedings,
the Seller will at once crux the some to be dissoWed and discharged by giving bond or otherwise. The Seller and
his contractors shall eke all safety praaution, famish and install all guard co asmry for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all min sad regulations issued personal therem.
Revised 07/2014