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HomeMy WebLinkAbout479411 CITATION COLLECTION SERVICES LLC - PURCHASE ORDER - 9146800PO PURCHASE ORDER 914680er Page City of PURCHASE 46800 7 of z ' `tCollins/ This number must appear V on all invoices, packing sli s and labels. Date: 11/21/2014 Vendor: 479411 Ship To: PARKING SERVICES CITATION COLLECTION SERVICES LLC CITY OF FORT COLLINS PO BOX 68963 215 N MASON, 1 ST FLOOR INDIANAPOLIS IN 46268 FORT COLLINS CO 80524-4408 Delivery Date: 11/21/2014 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Collection Services 1 LOT LS 14,000.00 as required for Parking Dept. 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 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 made the City of Pon Collins is excmpr from store and 1«al tax.. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificare of Registry 84-6000587 is registered with the Collector of Failure of the Pumhasa to insist upon strict pwheartan. of the mono and emdimns hereof, failure ar delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sams. 1973, Chapter 39-26, 114 (a). exercise any tigh6 or remedies provided herein or by law, failure m promptly notify the Seller in the went of a breach, the acceptance of or payment for goods hemonder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either, when shipped an due to defects of any of the warranties or obligation of this purchase order and shall not be d«med a waiver of any right of the damage in sown. may he remmed to you for credit and are not to be mplmed except upon receipt of written purchaser Ira insist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless inswdimns from the City of Fort Collins. of when shipped, reai.N or accepted, as to any prior or subsequent default hereunda, nor shall any puryomd coal modification or coursaim of Nis purchase order by the Purchaser cipmte as a waiver of any of the terms Inspection. GOODS am subject to the City of Pon Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rev anew to this order can r dult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fan Collins. However, it is to be understood thatFINAL Seller and the Purchaser reeognim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCEis dependentuponmmpletionofall applicable natural inspection procedures, violations are in fact home by the Purchmer.Theretoforc nforr gaud cause and ns consideration for executing this purchase order, the Seller hereby assigns to the Purthuer my and all claims it may now have or here u er Freight Tetras. Shipments most h F.O.B., City of Fan Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired under f4nl or to antitrust lawn far such ovachmges relating to the particular goods or services arsawise specified on this order. If permission u given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaer pursuant to this purchase order. bill must «company invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing points in various parts of the century. shipment is If the Purchaser dirces the Seller to comet muncoeforming or defective good by a&te to he agreed upon by the expected from the nearrst distribution in, to destinslum. and excess freight will be deducted from Invoice when Purchaser and the Seller, end the Seller thereafter mdlcares its inability an unwillingness to comply, the purchaser shipments are made from greater dicomm. may drum the work to be po f cried by the most expeditious meets available to it, and the Sella shall pay all casts.sociaed with such work. Permits. Seller shall procure at sellers sole cast all necsnry permits, certificates and licenses required by all applicable laws, ra,adions, ordinances rand roles afthe state, municipality, territory or political subdivision where the work is performed, at required by any other duly contributed public authority havingjurisdiction over the work ofvendor. Seller further agras to hold the City of Fon Collins harmis firm and against all liability and lass incurred by them by reason of m asserted or established violation of any such laws, regulations, wi in one, roles and cameements. Authorization. All panics to this contract agree cast the representatives we, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the .. and cooddiam shared herein set ford and any sapplemmrary or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or different tenses and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou eamot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. lelia, and performance most be eforted within the time stated on the pmchue order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall airtime as a waiver of this provision, In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages us a result of delays due to mums riot reasonably fcroadmic which are beyond its reasonable control and without its fault ofnegligence, such ads rGm, acts afervil or military audiences, goverummul priorities, fires, strikes. flood, epidemics, wars or riots provided that notice of the Onditiom causing such delay is given to the Purchaser within five (5) days of he time when the Seller first received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, amides, mmedaH and work Overall by this under will confmmn with applicable drawings, s defiations, samples and/or other descriphiom given, will be fit for the proposes intended, and Performed with the highest degree of core and competen« in accordance with accepted standards for work of a milac nature. The Seller agrees to hold the purchaser hmmis four any loss, damage w expense which the Pmchmer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cast to he purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the lama rafting applicable warnmty provided by the Seller after tha date of compound, of the goads ( ished hereunder (acceptance not to he communicably delayed), resulting form impaled « defect ive work done or materials famished by rise Seller Acceptance or use of goods by the Purchaser shall not onstirule a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sollen liability hereunder shall extend to all damages pmximael, caused by the broach of any of the fcaegoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teens by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes ao the terns, other than legal terms, including intuitions m Or &Idiom form he quantities militarily ordered in the specifications or drawings, by verbal or wdren change order. If any such choose officers the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Famous of the goods then not shipped, subject to any equitable admena rat between the parries as to my work or materials then in pmgts provided that the Purchase shall rent be, liable for any claims for anticipated profs on the uncompleted ponion of he goods and/or work, far incidental or mnequemial damages, and that no such wharamem be made in favor of he Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their Obligations as to any gouts delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be averred within thirty (30) days form the date the change or teminnotion is ordered. 8. COMPLIANCE. WITH LAW. no Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations or which the good am subject. The Sella shall execute and deliver such daumenrs as may be required ao effect at evidence compliance. All laws and regulations required to be, incorporated in agreements of this comment are hereby incorparmal herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with and, law. 9. ASSIGNMENT. Neither party shall ast a xamfea or coney this order, or my movies due or to become due hereuMa without the prior woman conxenl of the other party. 10. TITLE. The Seller wamnas full, clear and unrestricted title to the Purchaser for all equipment, nationals, and items famished in unfomumce, of this ogre once, ft. and clear of my end all diem, nestricdnn, reseconwas, security interest encumbrances and claims o f others. The Seller shall release the Purchaer and its contractors of my tier form all liability and claims of any nature resulting from me ponfaamenco of such work. This release shall apply even in the event of fault of negligence of the pan, released and shall extend to the dimetors, affairs and employees ofsuch pasty. The Seller's contractual obligations, including waranty, shall not be cannot to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required. use any design, device, material or pr«s covered by lamer, patent, trademark or copyright, the Seller shill indemnify and save harmless the purchaser from any and all claims for infringement by name of he use of such palowal design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expertise or damage which it may be obliged to pay by reason of such infringement at any times during he prosecution or after the completion of the work. In core said equipment, or any pan therm( or the intended use of he goods, is in such suit held to commis infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become im alvent or bmkmlt, make as assignment for the benefit of creditors, optimal a mativor or trustee far any of the Sellers property or business, his order may forthwith be canceled by the Purthaser without liability. 16, GOVERNING LAW. The definitions ofterrm used Or the interpreaarion ofhe agreement and the rights of all panics hereunder shall be communal under and governed by he laws ofhe Sue of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including he services of Sellers Repreuntaawda), oa the premises of others. 17, SELLERS RESPONSIBILITY. The Seller mail any on void work at Sellers case risk unto the same is fully completed end accepted, and shall, in rase of any accident, destruction or injury to rise work adfr materials before Sellers frel completion and acceptance, complete so work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall meive, unload, store oral handle same at the site and become responsible therefor or though such materials and/or equipment were bring famished by he Seller under he maker. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of wmrkrrs confectioner, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, worker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurers, with bodily injury and death limits of at least S300,1100 for any one person, S500,1000 for any one accident and primary damage limit per accident of S400,000. The Seller shall likewise require his contmdom, ifany, to provide for such compensation and insurance. Before any of the Sellers an his commctors emplo.... .hall do any work upon the premises of others, the Seller shall famish the Purchnscr with a contrition that such compensation and lasurunce have been provided. Such cenifcates shall specify the date when such compensation and insurance have ban provided Such certificates shall specify he date whm such compensation and insurance espim. Tire Seller agrees that such compounds. and insurance shall be nermarined until after the entice work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mrire responsibility and liobil try for my and all damage, loss or injury of any kind or nature whatsoever to person or property moral by or reaching from the execution of the work provided for in this purchase order or in variation herewith. The Seller will indemnify tad bold handlers due Purhaer and my r all of the Purchases officers, agents mad employees form and against any and all claims, losses, damages, charges or expenses, whether direct at indirect, and whether to persons or Money, to which the Pardoner may be put on subject by reason of any act, anion, neglect. omission or default oa he pan of the Seller, any of his contractors , or any of the Sellers or dommams officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchases, or its officers, agents car employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or theit officers, agents or employees as aforesaid. the Seller hereby agrees to .erne the defense dreamland to defend the same at the Sellers own expense, to pay any and all casts, chug., moneys ftts cab other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oflica,, agents or employees in such suits or Other proceedings, and in case judgment or other lien he placed upon or obtained against fie propmy of the Purchaser, or said parties to or as a mull of such suits or other proceedings, the Seller will at outs drum the same to be dissolved and discharged by giving bond in otherwise. The Seller and his contmmors shall take all safety pmeumer s, famish and imull all guard necessary for the prevention of accidents, comply with all laws and eguladons with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant hereto. Revised 0712014