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HomeMy WebLinkAbout405457 PREFERRED STRATEGIESQ - PURCHASE ORDER - 9147072Fort Collins Date: 12/02/2014 Vendor: 405457 PREFERRED STRATEGIES 2425 PORTER ST SUITE 20 SOQUEL CA 95073 PURCHASE ORDER PO Number Page 914%0%2 1 of This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/02/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price t CRYSTAL REPORTS CONSULTING QUOTE#00000238-JH ECKMAN 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 1 LOT LS 2,400.00 Total $2,400.00 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. COMMERCIALDETAIIS. Tax exemptions. By mimic the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84,6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saetes 1973, Chapter 39-26,114 (a). Goods Rejector. GOODS REJECTED due to failure to men specifications, either when shipped m due to defect, of damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Four Colbut inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhoised paymrnt on the from of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE Is dependent upon mmpletim.fall applicable required inspection picadores. Freight Terms, Shipments most M F.O.R.. City affirm Collins, 700 Wood St-, Fort Collins. CO 80522, unless otherwise specified as this order, lf,dar i t ian is given to prepay freight and charge w,romely, the mgioel freight bill must accompany invoice. Additional charges Earmarking will not m aempled. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dedumed from Invoice when shipments are made from gteae, dismod. Permits. Seller shall procure or sellers sole at all necessary pximtits, acrobara and ]it. required by all applicable laws, regulations, di ianres and roles of the sum, municipality, emtory or political subdivision where the work is pert ed, or requited by my other duly comtioned public authority havingjunsdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collim harmless from and apt= all liability and loss inamord by them by reason of as assured or established violation of any such laws, regulations, ordinunces, roles and acquit menu. AurhurVto on. All parties to this comma agree that the representatives ore, in fad bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the hemts and conditions stated herein set fond and my supplementary or additional rema and conditions unnexed hereto or incorporated herein by reference. Any additional or di Wrmuerms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complere shipment in arrive on your promised delivery date as noted. Time is of the commee. Delivery and performance most be, ef@cted within Joe time stared on the purchase oma and the documents couched hereto. No acts of the Purchasers including, withom limitation, ard,rance of pani.1 late deliveries, shall operate as is waiver of this provision. In the evem of any delay, the Pardoner shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable Or damages as a result of delays due to causes not reasonably foreseeable which are beyond its rcamrable control and without its fault of negligence, such is of Gad, acts of civil or military authorities, govemmenul priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the lime when the Setter first reccival knowledge thermf. In the event of my such delay, the date of delivery shut) be eahmded for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles, matenls and work covered by this order will inform with applicable drawings, specifications, samples mtdlor other deamptiom given, will be fit far the mr,osew intended, and perforated with the highest degree of care and competence in accordance with accepted standa ix for work of a similar nature. The Seller agrees to hold the purchaser harmlea from any loss, damage or expense which the Purchaser may ml or incur oa account of the Sellers breach of wumanry. The Seller shall replace, repair or make good, without cost to the pumhase, any defects or faults arising within one (1) year or within such longer Perin l of time as may be prescribed by law or by the terms of my applicable warranty provided by me Seller after the date of acceptance of the good famished hereunder (aceepance not to be unseasonably delayed), resulting from imperfect or defective work done or materials burnished by the Seller. Acceptance or use of goad by 'be Purchased shall ant omrimle a waiver of my claim under this vsaeanty. Except as oherwise pmsided in this purchase out the Sellers liability Remainder shall extend to all damages proximately caused by f breach ofany of Ore foregoing sarmaies or mound, but such liability adult in can event include loss of profits or loss of time. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terans by wricm change Omer. S. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal more. including additions to or deletions from the qumrities Originally ordered in the specifications or drawings, by verbal or wxinen change oNer. If any such clung, Amets Ne amount due or the time ofpeamm fotce hereunder, an rycitable adjustment shill shin be made. 6. TERMINATIONS. The Purchmer may a1 any time by written change Omer, mrmitae this agreement as e my or all Thomas of the goods men cot shipped, xobject m any equiablc adjustment berwem the puma as to any work or moedala than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of ncc good and/or work, for incidental or consequential damages, and that no such adjustment be made in furor of lure Seller with respect to my goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of my Of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from me des a me change or termiduarm is ordered. 8. COMPLLUNCE WITH LAW. The Seller warrants slut all goods sold hereunder shall have been produced, sold, delivered and fumishM N short compliance wits all applicable laws hard regulations to which the good are subject. The Scller shall execute and deliver such documma as may be rcgmred to effect m evidence compliance. All laws and regulations required to be incorporated in agreements of this chaaded ere hereby incorporaed herein by Nis reference. The Seller agrca to indemnify and hold the Purchaser hornless from all rosy and damages sulTered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither pray shall assign, hamfer, or convey this order, or any monies due or to become due hereunder without the prior written coment ofNe order patty. 10. TITLE. The Sella wamana full, clear and maamided doe a the purchaser for all rytripmmr, materials, and it. formulated n Performance of this agreement, fir« and clear of my and all liens, nvomom, exertions, security undest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon stain performance of the terra and conditions hereof, failure or delay to any, rights err remedies provided herein or by law, failure to promptly natify the Seller in me event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance here dfor any ofits rights or remedies as to my such goods, regardless of whom shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my porponed oral modification or rescission of this purchase order by the Pmcbaser operate as a waiver of my of Joe menu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser wernmor that in remit economic practice, overcharges resulting four antiadt violations ere in fact home by the Purclreser. Thereefore, for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquied under fedend or stare antimat laws far such wi rem,as relating to the particular goods or services purchased or acquitx[ by Rat purchaser pursuant to this purchau order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by me Purchaser and the Sellers and the Seller thematic, indicates irs inability or unwillingness to comply, the Purchaser may vs. the .,it to be performed by the most expadifinus means mailable to it, and the Seller shall pay all costs associated wim such wok. The Seller shall releaa me Purchase and its co mac ms of any fier from all liability and claims of any amre resulting from the pM tmmce all work. This release shot[ apply even to me evem of fault of negligrnce of the party releaN and shall extend to Ore directors, officers and employees afsach patty. The Seller's rommcmal obligaind. including warranty, shall not be deemed m be reduced, in any way, because such work is perthrmed or caused to be performed by the Purchaser. la. PATENTS. Wherever the Seller is required to use any design, device, material or process covered by letter, parent, trademark Or copyright, the Seller shall indemnify and save summers the Purchaser from any and all claims for management by reaon of the use of such patented design, device, material or process in connection with one conrmc4 arm shall indemnify rate Purchaser for any cost, expense or damage which it may be obliged to pay by rcawn ofsuch infringement in any time dung the prosecution or aver the completion of the work. In case said equipment, or any pan lonalf or the intended use of the goods. is in such .it held m constion, impingement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its opfirm. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with mortmtially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the beneN of creditors, appoint a or trustee for any of the Sellers property or busimss, Nis order, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmrms used m the weryreution of the agreement am the rights of all panics hereunder shall be consumed maker and g .,d by the laws of the Sire of Colorado, USA. The following Additional ConNOom apply only in cases where the Seller is to Perform work hereunder. including the services of Sellers Rep ovenmtive(s), on the premises oromers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at SAera own risk until the same is fully completed and creepiest and shall, in rase of my accident. deswction or injury to the weak and/or mated before Seller's fial completion and acceptance, complete me work at Sellers own apene and to me satisfaction of flax Purchaser. When samenab and egmpurmh eft famished by others fat Installation or crecnon by the Seller, the Seller shall eeccis,, actual. store and handle same a me site and become espomible therefor as though such materials We, equipment were being Banished by the Setter under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent, in attordnce with the laws of the sort, in which the work is to be done. The Seller that also carry comprehensive general liability including, but not limited to, communal and amomobile public liabiliry insurance with bodily injury and death limit. of at least S300,000 for any one pesoq $500,00(1 for any accident suit propmm. y damage limit per accident of S400.oThe Seller shall likewise require his contractors, if any, to provide for such compensation and imumnec. Before my of the Sellers or his connotation employees shall des any work upon the premises of others, the Seller shall harmish Be Purchaser with a ceniftcale that such compeeewion ad insurance have been provided. Such conifata shall specify the at, when such mmpatmtimn and insurance have been provided. Such renificara shell specify the date when such compensation and insurance expires. The Seller agrees that such ..,.arm. and insurance shall be ummu med mail after the once work is completed and ccepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resporcula lity and liability for any and all damage, loss ar injury fany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvided for in this purchase onto or m com atim herewith. The Seller will indemnify end hold harmless the Purchaser and any r ell of the Purchmers oRcers, agents and employeea from cud against any and all claims, losses, damages, dirges or expenses, whether direct or indirect, and whamer to Puma or property to which the Purchaser may to put or subject by reason of any c4 action, neglect. omission or delaun an the part of the Seller, any of hies comeaaors, or any of the Sellers or contractors oRcers, agents an employed. In rase my suit of oNer proceedings stall h brought agaimt me Porchand, m its officers, sigma an employees m any time on account or by musam of my ad, action, neglect, omission or default of the Seller of my of h6 contractors m any of its 0, their officers, agents or employees a a6esaid, the Seller hereby agrca to assume me defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofine Pachder, or mid ponies in or as a result of such suits or other proceedings, the Seller will at oce cause me same to be dissolved and discharged by giving bond or othervrise. The Seller and his contractors shall bake all safety prccandoa, famish and stall all guards necessary for the prevention of accidents, comply with all laws and ragulatiom wit regain to safety including, but without Insulation, the Oaatpanal Safety and Health Act of 1970 coal all old and regulations issued personal meters. Revised 0720I4