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HomeMy WebLinkAbout404115 KLEE ASSOCIATES INC - PURCHASE ORDER - 9145486 (2)PO PURCHASE ORDER 914548er Page City. of45486 1of2 ' `tCollins[ This number must appear V on all invoices, packing sli s and labels. Date: 12/03/2014 Vendor: 404115 Ship To: MIS KLEE ASSOCIATES INC CITY OF FORT COLLINS dba JDEtips 215 N MASON, 3RD FLOOR PO BOX 15544 FORT COLLINS CO 80524-4408 RIO RANCHO NM 87174-0544 Delivery Date: 09/22/2014 Buyer: ED BONNETTE Note: TRAINING CLASSES; PER PROPOSAL DATED 9/8/14 FROM ANDREW KLEE TO JAMIE HECKMAN. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO #9145486 1 LOT EA 133.23 ADDDED PER M.CARR EMAIL DATED 12/2/14. -ECB 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 $133.23 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 L CO.MMERCIALDETAILS. Tax exemptions. By strove the City ofFort Collins is exempt from scare Met lanal tarn. Our Exemption Number u I L NON WAIVER. 984]sING. Federal Excise Tax Exemption Certificate of Registry, 84-600058) is registered with the Collector of Failure of the Furchuer to insist upon strict Performance of the terms and Condiii ons hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saturn 1973, Chapter 39-26, 1141.), exercise my 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 ofthe deign, shall not release the Sella of Goods Rejected. GOODS REJECTED due to film, o meet sped fiemlons, either when shipped or due to defects of any of the warranties m obligations of his purchase order and shall not be deemed a waiver of any right of the damage in trout, may Ise returned to you for Credit and are not to be replaced except upon receipt of wham purchaser W insist upon strict pefformance hereofor my ores rights or remedies as to any such goods, regardless inswctions from the City of ran Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchae order by the Puabeer image as a waiver of any of the terms Inspection, GOODS ere subject to star City of Fan Collins Important on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in repave to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autMrizM payment on the pan of rise City of Fort Collins. However, it is to tr rmderstend that FINAL Sella and the Purchaser magma Nat in actual ecmmmic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations art in (act home by the Purchaser. Theamfrm, for goad Cause and as consideration for exerting Nis purchase order, the Seller hereby assigns to the Frankhauser any and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.B., City of Fort Collins, TW Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges restoring to the particular goods or service otherwise specified on this order. If,emtission is Given to prepay (might and charge separately, the ongiml freight purchased or acquired by the Pumhamr pursuant to this purchase ardor bill most i ccomoanv invoice. Additional charges for necking will not be accented. Shipment Distance. Where manufacturers have dtsabating 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 greara distance. Permits. Sella shall procure at sellers sole cost all necessary pmnits, certificate end he. requiall by all applicable laws, regulations, embalmers act roles of the state, municipality, motion, or political subdivision where the work is performed, cr removal by any other duly constituted Public authority having jurisdiction over rise work of vendor. Sella fuller agrees to hold the City of Fan Collins hamdess from and against all liability and loss tarred by them by crow n of an tuned or established violation of any such laws, regulations, ordinances, roles anrequirement. Authorization. All parties to this contract agree that the representatives am, in fact. bona fide end possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchnu Order expressly limits acceptance to rise same, and conditions stared herein set forth and any supplementary or additional moms and conditions mmexed hereto or man,rmmd herein by mferener. Any addition] or chilknenuems and condits.arspoud by surlier are objected to and hereby r jedd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Wynn mnmt make complete shipment to arrive on your promised delivery dare as noted. Time is of Ne essence. Delivery, and performance most be effected within the time stated on the perform order and the document attached hereto. No acts of rise Purchasers including, without limitation, acceptance ofpmnl late deli'ami. shall operate as a waiver fthis provision. In the event of any delay, the Purchaser shall have, in addition to .,he, legal and amiable remedies, the option ofplacing this order elsewhere and holding the Seller liable Jet damages. Groomer, the Seller shall not be liable for damages as a moult of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such arcs of God, acts ofciA[ or military authorities, governmental priorities, fins, spikes, Rood, epidemics, wars or riot provided Out notice of the conditions causing such delay is given W the Purchases within five (5) days of rise time when the Seller first received hrowledge them(. In the event of any such delay, the date of delivery sM1all be extended for the period equal to the time actually lost by revsan ofthe delay. 3. WARRANTY. The Sell, warrens that all goods, articles, materials and work covered by this and, will canfomr with .,,],able drawings, specifications, samples and/or other descriptions given, will b< fit fro the purposes intended, and Performed with the highest degree of care and competence in accordmce with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make gna, without cost W the purchaser, any def ts or fault arising within one (1) year or within such longer period of time n may be prescribed by law or by the terms of my applicable warranty provided by the Seller a0a the date of acceptance of the goods famished hereunder incorporate rot W be umeawtmbly delayed), resulting form imperfect or defective work done or materiaB fumided by Ore Sella. Acceptance or use of good by the Purchaser shall not constitute it waiver of any claim under Nis warranty. Except n ogre rwim provided or this purchase order, the Sellers liability hereunder shall extend to all damage porximaely quad by the breach of any of rise foregoing warranties or guamntecs, but such liability shall or no event allude loss ofpmfiu or loss of roe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF rUNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal terms by written change order 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the g."'am originally ordered in the specifications or dmwinl>, by verbal or written change order. If any such change affects the=a=due or the time of performance hereunder, M equitable adjustment shall be made. 6. TERhllNAT10NS. The Purchaser may at any time by women change order, marriage this agacnrcnt as W any or .II portion of the goods then not shipped, subjat to any algroadde ad., between Ote panic as or any work or matmals that in progress provided that the Purchaser shall nor be liable for my claims for anticipated profits on the uncompleted portion of the goods nor work, for incidental or consequential damages, and that an such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser, or the Seller army of their obligations as o any gaud delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adustment most b< asserted within thirty (30) days from the date the change or teemitatlon is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goads said hereunder shall have been produced, sold, delivered and fumtsbed in strict compliance with all applicable laws and regulation to which the goods art subjat The Sella shall estrum and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations original an be ncoryomted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees or indemnify and hold the Purchaser harmless from all cases and damages surfaced by rise Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty, shall assign,banRv or convey this order, or my monies due or to become due heaanda without the PH., written content vi other parry. 10. TITLE. The Seller wattmt full, clear reed Monsoonal ale o the Purchaser far all equipment, marmals, and items famished in autonomous, of this agreement, free and clear of my act all liem, reapictions, remotion, money imetnt cncumbmnce and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct tire Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thernRv indicates its inability or unwillingness to comply, the Purchaser may Came the work to be Performed by the most expeditious means available to it. caul the Seller shall pay all cast associated with such work. The Sella shall release the Purchaser andl is Communist of my tia from all liability and claims of my nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers end employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed ar caused to be performed by the Purchaser. 14. PATENTS. Wheneva the Seller is requited to use any design, device, maerial or provess covered by letter, pea, trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reaon of Ill we of such p o n al design, device, material or process in rorme pion with the contract, act shall indemnify the Purchaser for any cost, experue or damage which is may be obliged or pay by reason of such inGngement at any time during the presentation err affa the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to Constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at is own expense and at its option, either proare for the Purchaser the right W continue acting said equipment or pans, replace the same with substantially equal hot noninfringing equipment, or modify it so it becomes comminuting. I5. INSOLVENCY. If to, Seller shall become mooly rot or bankrvpr, make an assigpment for the hemfit of creditors, appoint a receiver or more for any of the Sellers property or business, this order may forthwith to Canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition oflerms used of the interpretation ofthe agreement and the rights of all parties hereunder shall be, combined undo and governed by the lams of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunlative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in Case of any accident, destruction or injury to the work andror matards befrm Sellers Just completion and acceptance, complete the work at Sellers own expense act to the satisfnnion of the Purchaser. Wbm mvsmals and equipmmr art famished by others fro intallation on, erection by Ore Sella, rise Seller shall receive, unload, sore and handle state al she site and become responsible therefor as ,hough such someriaB mdlor ryuipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bards, to in employees employed on or in cormection with the work covered by this purchase order. andor to Their depeMents in i cardarom with the laws of the state in which the work is W be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability hormone with bodily injury and death limits of at lent s3W,o00 for any one Amon, 5500,000 for my one accident and property damage limit per accident of 5400,O0o. The Sella shall likewix remain, his contra ors, Wary, to provide for such compensation and imumace. Before any of me Sellers or Ws contractors employers shall do any workupon the premises of others, rise Seller shall furnish Ne Purehaur with a anificate that such compemation and imwmace have been provided Such certifcata shall specify the date when such compenatim and insurance have ben provided. Such Certificates shall specify the date when such Compensation and inurance expires. The Sella agree that such annimmurom and insurance shall be a rinlained it afa Ne entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatoomer to person or property caused by or resulting from the execution of rise work provided far in this purchase order or in coanection herewith. The Sella will indemnify and hold harmless the Purchaser and any m all of the Purchasers officers, agents and employees from and agaimt my and all claims, losses, damages, charges or expresses. whether direct or indirect, and whether to person or primary, to ranch the Purchaser may he put m subjat by anew. of my act action, neglect, omission or default an the pan of the Sella, any of his contractors, or my of the Sellers or contractors officers, agar car employees. In case my suit or other proaedinga shall be brought against Om Purchaser, or is officers, agants or employees many have an account in by reason of my act, action, replan, omission or default of the Seller of my of his Contractors or my of its or their officers, agent or employees as eforessid. the Sella hereby agree to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and al I cost, charges, attorneys fees and other expemes, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case indictment or other lien be placed upon or obtained against the property, of the Purchaser, or said parries in or as a result of such suit or other porceedlngs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish and i sall cal grea d; necessary for the prevention of accident, Comply with all laws and regulations with regard o safety including, but without limitation, Nc Chumpatimad Safety ntW Health Act of 1970 and all roles act regulation issued pursuant thereto. Revised OT/2014