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Home My WebLink About102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9146846Fort Collins PURCHASE ORDER PO Number Page 9146846 1of2 This number must appear on all invoices, packing sli s and labels. Date: 1112112014 Vendor: 102552 Ship To: CITY MANAGER C S U CASHIER'S OFFICE CITY OF FORT COLLINS 6015 CAMPUS DELIVERY 300 LAPORTE AVE 118 LORY STUDENT CENTER CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80523-6015 FORT COLLINS CO 80521 Delivery Date: 11/21/2014 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2015 Blue Ocean Challenge 1 LOT LS 15,000.00 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@fogov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 urchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamp, the City of Fan Collins is exempt from state and local axes. Our Exemption Number is 98-M502. Federal Excise I. Exemption Cmlffcats of Registry 84 6000587 is registered with the Collalof of Internal Revenue, Dmvm, Colorado (Ref. Colorado Ralscd Smm4s 1973, Chapter 39-26. 114 (of Gaud Rejeered. GOODS REIECTED due to failure to meet specifications, either when shipped a due m defects of damage in transit, may be mtumed to you for credit and are not to be replaced except upon racipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject m due City of Fort Collins inspection on wrivaL Food Acceptance. Receipt of the machandirs, rmica or equipment in resaws to this order can it in authorized payment on the pan of the City of Fon Collins. However, it is 10 be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Temps. Shipments most be F.O.B., City of Fan Collins, VM Wood St., Fon Collins, CO 80522, unless otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the Oogimd freight bill must accompany invoice Additional changes for packing will at be accepted. Shipment Distance. Where nwnufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall p.m at sellers sole cast all necessary pcnnirs, certificates and licenses required by all applicable laws, mgulatioa, ordinances and roles of the stare, municipality, territory or political subdivision where the work is panapmed, of ra tiiied by any other duly wndimtad public authority havird,prisdiaion ova the work of vendor. Sella further agrees to hold the City of Fair Collins harmless from and against all liability and loss incurred by them by reaon of an asserted or established violation of any such Laws, regulations, and ancm. roles and r itumnands. Authorization. All parties to this contract agree that the mgmsenutives are, in fact fora fide and possess full and .,]of athoriry to biM said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the it. and cordumbe stated herein set path and any supplementary of additional terms and conditions annexed hereto or incogvated herein by reference. Any additional or diftrent corms and conditions proposed by seller are objected In and hereby rejamd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to ounce an your ptomisal delivery dose as rwled. Time is of the aseOne Delivery and performance must be effected within the time sated on the purchase order ate due docummu attached harem. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of pl=ing this offer elsewhere and holding the Seller liable for damages. However, the Sella shall or be liable for damages as a result of delays due to caosas not ressombly foreseeable which arc beyond its reasonable control and without its fault of negligence, such ads of God, sers ofavil or military authomim, paramount priorities, fires, strike, Rood, epidemics, wars or riots provided that aotitt of the conditions causing such delay is given to the Pachasar within five (5) days of the time when flue Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to me time actually last by reason afile delay. 3. WARRANTY. The Seller wanain that all good, i meta, materials and work covered by this arch will conform with applicable drawings, spaiffations, samples arrd/or other description given, will Be fit for the pupo5es intended, and performed with the highest &qRm of care and compmence in accofdance with accepted standards for work Of a similar =lure. The Seller agrees to hold the purchaser harmless from any loss, damage o expense which the Purchases may suffer m incur on seem= of the Sellers breach of wmmnry. The Seller shall replace, repair or make good, without cost to the purchase, 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 tams of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or, defective work done or materiaH famished by the Seller. Acceptance or use of good by the Pmchasa shall not .... a waiver of any claim rode, this warranty. Eccelrta whmvise provided in this purchase order, the Sellers liability hereuMer shall extend m all damages proximately caused by the breach of my of the foregoing %commies or garoper s, 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 Parchown may make changes to legal terms by actual change offer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaaa may make any changes to file terms, Other han legal rem¢, including additions to a deletions from the quantities originally ordered in me specifications or drawings, by sabot or written change order. If any such Victim infects the amount due or the time of pafturnouse hereunder, an equitable adryslment shall be made. 6. TERMINATIONS. The Parchatt may or any time by written change offer, terminate this agreement as to any, or all patio= of the good then rot shipped, subject m any equiable adimanown befwan Ibe Parties as many wort: or m+MOls then M progress provided that fie Purchase, shall trot be liable for any claims for anticipated profrs on the uncompleted panic. of the Good and/or work, for incidental a emus nscrai l damages, and Nat no such adjustment be made in favor of me Seller with respect to any goods which m, the Sellers standard stock. No such termination shall relieve the Purchase, or the Seller of any of their, obligmioa as m any goad delivered hereunda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustmem mast Be retained within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. Ile Seller warrants that all goods sold heeurnia shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good me subject. The Seiler shall execute and deliver such decimals as may be required m effect or evidence compliance. All laws rod regWati.rs retained to be incorporated in agreements of this character sure hereby incorpormed herein by this reference. The Seller agms m indemnify and hold Our Purchaser harmless from all costs and damages srifced by the Purchaser m a result of due Sellers failure to comply with such law. 9.ASSIGNMENT. Neither party shall assign, frontier, or convey this order, or any monies due or to become due hereunder without the ,can written comer, of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide in the Purchasa for all equipment, materials, and items fumished in performance of this agreement, fra and clear of any and all Item, restrictions, reservations, security interest encumbrances and claims Of others. I L NON WAIVER. Failure of the Purchaser to mist upon strict perfomama of the terms and mrWitimu hereof, failure or delay to examilm any rights or rem in provided herein or by law, failure to promptly notify the Seller in the event of a breach, tlrc cttptantt of or payment for good hereunder or approval of the design, shall rot mlmve, the Seller of any of the warranties or Obligations of this purchase order and shall not be shamed a waiver of any light of the punches,, m insist upon lout prrfonaana hereof a any Of its rights or remedies as to any such good, regardless of when ahi,od, received Or accepted, as m any prior Or subsequent default hereunder, nor shall any purp.ded oral modification or rescission of this purchase order by the Purchaser operate as a waiver Of any of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize That in actual a is practice, wmlarges resulting fcan mtivust violations art in fact borne by the Purchases. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired maim ,Meal of stain w ripest laws far such overcharge relating m the pmimlm good or service purchased or acquitnd by the Purchase, pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or detective goad by a dam m be agreed upon by the Purchaser and the Seller, and the Sella improper indicates in inability Or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchases and its conuacmrs of any tier from all liability and claims of any =rare resulting, the pert come ofsuch work. This release shall apply can in the event of fault of negligence of the party released and shall extend to the directors, of has sad employees afa=h party. The Sellars conocnul obligations, including commonly, shall not be deemed to he reduced, in any way, because such work is performed a caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to use any design, device, matmal or process covered by lane, patent, trademark r copyright, the Seller shall indemnity and save homalas the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expanse or damage which it may be obliged to pay by reason of such infringement at any time during due prosaution m afta the completion of the work. In case said equipment, or any pan Iberrof or the intended use of the god, is On such suit held to constitute iaMngemeat and the use of said ryuipmrnl m pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace due same with substantially equal but moninfringing equipment, or modify it so it becomes noNnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a mociver an uastee per any of the Sellers property or banners, Nis order may forthwith be anMcd by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interyremtion of the agtament and the rights of all parties hereunder shall be om tined under and governed by the laws cribs State of Colomdo. USA. The following Additional Conditions apply rosy in Vases where due Sella is at pert work hereunder, including %e services rSell. Representatives). ar me premisen.17whers. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work m Sellers own risk until the same is fully completed and accepted, and shall, in tale of any accident, damnation or injury to the walk ao➢or materials before Sellers Final completion and cttl=na, complere the walk at Sellers own expose and 1. the aatisfaction of the Purchaser. When material, and equipment are famished by others for installation or erection by the Sella, the Sella shall came, what, store aM handle same at the site and become responsible therefor as tough such moscmds and/or equipmmut were being fumuhed by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the Payment of workers compensation, including occupational disease benefu, to its employers employed on or m connection with the work covered by this purchase order, and/or to their dependents in ccmdance with the laws of the state in which the wok is m be dome. The Sella shall also many comprehensive general liability including, but not limiled to, wntrectal and automobile public liability insurance with himly injury and death limits of at least S300,003 for any one person, S504),000 fur any caccident and pmpeny damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers a his contractors employees shall do any work upon the premises of others, the Sella shall f mish the Purchaser with a caturio re that such a mpersumn and inurace have been provided. Such certificate shall specify the date what such mmpeaation aM nulumrce have ban provided. Such andiiVua shah specify the dam whin such mmpersatiou and i=Ilmnce expires. The Seller agrees dust such mmparewhi m and iootwena shall be maialamed until after file entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss a injury of any kind or atom whatssever to parsons or property aimed by or resulting from the execution ofthe work provided for in this Purchase ender m in connection herewith. The Sella will indemnify and hold harmless But Purehaser and any r all of thchas e Purers officers, agents and c mnoyms froclaims, m and win, any and all clai, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchma may be put or subject by reason of any act, action, neglect• omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall Is, brought against the Pumhasa, or its officers, agents or employees at my most on account or by reason of any act, action, MgInn, omission or default of the Seller of any of his combustion or any of its or their offices, agents at employees as aforesaid, the Sella hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fins and other expenses, any end all judgments Char may be iacumd by a marinM against the Purchaser a any of its w theft oMe—, agents or employees in such suits or other proceedings, and in case jadgmem o, other lien be placed upon or obtained against the pmpeny of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once arse the same m be dissolved and ducharged by giving bond or otherwise. The Sella and his contraction shall take all aria, prsautiorrs, fumuh and insull all guards naesmry for the prevention of accidents, amply widu all laws and mgulations with regard to safety including but without limitation, the Occupational Safety and Health AV of 1990 and all roles and regulations issued purslanl thereto. Revised 070014