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HomeMy WebLinkAbout432744 ROCKET JONES INTERACTIVE - PURCHASE ORDER - 3214422Fort Collins Date: 12/10/2014 Vendor: 432744 ROCKET JONES INTERACTIVE PO BOX 2091 FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 3214422 loft This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/10/2014 Buyer: PAT JOHNSON Note: Line Description uuarn y UOM Unit Price txcenaea nrdorad nd'e 1 Technical Support & Site Mtce. 2014 & 2015 Blanket PO 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:pumhasing@fogov.com 1 LOT LS 5,000.0000 5,000.00 Total $5,000.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt tram state and local ones. Ou Exemption Numbs is 11. NONWAIVER. 98-04502. Federal Fawn Tax Exemption Cenifce. of Registry M-6000587 is registered with the CaOemms of Failure of the Parchasa m insist upon and pefformand of the terms and conditions hereof, failure err delay to Internal Revenue, Denson Colorado (Ref. Colorado Revised Smm. 1973, Chapter 39-26. 114 bd) eawase any, rights or remedies provided herein or by law, failure to Promptly mandify the Seller n the event of a breach, the addpbnce arms payment for good herawder or approval ofthe design, shall Out release the Seller of Good Rejected. GOODS REIECFED due to failure in meet specifi.tiou, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall tut be deemed a waiver of my right of the damage in monsit, may bs reamed m you for credit and are not to be uplaced except upon receipt of women purchaser m insist upon inner performance herrof or any of its rights or remedies in many such goods, regardless instructions from the City of Ton Collins. of when shipped, received or a dford, as m any prior or subsequent default heremder, or shall any purpuned oat modi 0ntion or rescission of this purchase order by the Pmehaser operate as a waiver of any of the temp Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mpame 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 be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations art in fact home by the Porehaser. Theretoforeforgoodcause and as consideration for executing this purchase order, the Seller hereby insoles to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments masr be F.O.B.. City of Fon Collins, 700 Wood St, Fan Collins, CO 80522, unless acquired under federal or state mtihum laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge uparaely, the miginal freight puuhaud or acquired by the Purchaser pursumuo this purchase order. bill must accompany invoice. Additional charges for packing will act be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If he Foreland directs the Sella to mint nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution Pant to destination, and excess freight will be deducted f Invoice when Purchaser and the Sella, and the Seller themfter indicates its inability or unwillingness to comply, the Purchua shipments art made from greater d¢tance. may cause the work to be performed by the most expeditions means available m it, and the Seller shall pay all coats msousital with such work. Pmnita. Seller shall procure at sellers sole cast all ncesawry permits, condition and licdmses requiml by all applicable laws, regulations, ordimnm ant miles of the state, municipality, memory or political subdivision when the work is perfumed, or required by any other duly corcatimted public authority having jurisdiction over the work of vertu. Seller further ogees m hold the City of Fan Collins ban ficas from and against all liability and loss incurred by them by reason of an asserted or established siolmlon of any such laws, regulariores, ordinances, roles .it requirements. Authorization. All pmin to this wnrmct agree that the re rommarives arc, in fact, bona fide and posses fit ll and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or differentterms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASEG AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance ..at be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance affected late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies.0rc option ofNw,ing Ws order elsewhere and holding the Seller liable for damage. However, the Sella shall not be liable for damages as a molt of delays due or crimes not reasonably Emasculate which are beyond its reasonable contra) and without its fault of negligence, such was of Gad, acts afewil Or military authonti s, gmtmmenm priorities, Bus, strikes, flood, opidemies, wars or nots provided that action of the conditions musing such delay is given to the Ptuclafoer within five (5) days of the time when the Sella first received knowledge thereof. In the even of any such delay, the date of delivery shall be oriented for the Pmad equal to the tine acnW ly lost by ressan i fthe delay. 3. WARRANTY. The Sella dur ants that all goods, micles, materials and work covered by this order will conform with applicable drawings, spdifidwase. samples anNor offer descriptions given, will be fit for the purposes naemed, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the purcheur harmless from any loss, damage or expense which the Purchaser may suffer ur Ladd on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such ]anger period of time as may be prescribed by law or by the terms of any applicable wnrranty provided by the Seller add the date of acceptance of the good famished headwater (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of good by the Fantasia shall not tnstitune a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage Proximately caused by the breach of any of the foregoing warranties ......does, but such liability shall n no event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERb1S. The Purchase may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may rake any changes m the rams, order Nan legal known. including additions to or delnions from the quectinia originally ordered in the specifiemi ms Or drawings, by vethd or whom change ardor. If my such change aRects the amounk due or the time of Perlown. hereuder, en equitable adjumnrnt shag be rude. 6. TERMINATIONS. The Purchaser may at my time by wro n change order, terminate this agreement as to my or all portions of the good then not shipped, subject many equitable adjustment between the panin as m any work or materials men in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andor work, for incidental or consequential damages, and that me such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations in to any greads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that ell goods sold hereunder shall have been produced, sold, delivered and frenished m stain ompliame with all applicable laws art regulation to which the goods am subject The Sella shall execute ant deliver such ddumend as may be mpoited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purehaur harmless from all costs and damages suffered by the Rwhuer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, wnsfer, or convey this order, or my monies due or to become due hereunder without the Poor women consent of the other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of.don. Too Sella shall release the Purchaser and its contractors of any lid fun all liability from claims of any nature mulling from the performade ofsuch work. This refoase mall apply even in the event of fault of negligence of the harry relenaed and shall extend to the directors, myrax and araft yds ofsuch parry. The Sellers contractual obligations, including ordinary, shall not be deemed to he reduced, in any way, becatae such work is performed or caused to be performed by the Portland. 14, PATENTS. Whenever the Seller Is required to vs, any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchnor from any send all claims for mffirgainal by reason of the use of such planned design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goad, is in such suit held to emrstimte arrangement and the use of said equipment or pan is enjoin, the Seller shall, at its own expense and at its option, either prdure for the Purchaser the right to continue usng mid equipment or pans, agitate the same with substantially equal but noninfnnging equipment, or not it so it becomes noninfringing. ISANSOLVENCY. If the Sella shall become much ent or bmkmyt, make an assignment for the benefit of creditors, appoint a receiver or tmtee fro any of the Sellers property or business, this order may faMwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of tams used or the interpretation ofthe agreement and the rights of all parties haeundd shall be informed under and govemed by the laws ofthe Stem ofCalomdo, USA. The following Additional Conditions apply only in taus where the Sella is to perform work hereunder, including the services of Sellers Rano ntativls), on the premise ofithers. IT. SELLERS RESPONSIBILITY. The Seller skill carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, drummed. or injury to the work amVu mmonals before Sellers fecal completion and acceptance, complete the work at Sellers own expense and no the satisfaction ofthe Pdchmer. When matelots and equipment am fum6hed by others for installation Or erection by the Solid, the Seller shall receive, urderad, stare and handle same at the site cad become remponsiblc therefor as though such materials andror equipment were being famished by the Sella odd the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational disease berufts, to its employees employed on Or in formation with the work covered by this Purchase order, uudgm, to their dependents in accordance with the laws of the state in which the work is as be done. The Sella shall an, any comPmbedive general liability including• but not limited u, condoodual and aummobile Public liability insurance with bodily injury, and dezm limits of in lent $300,000 for any we pass., S500,000 far any accident and pmpeaty damage limit per accident of ScM.W. The Seller shall likewise mluire his commnon, Worry, to provide for such compensation and insurance. Before my attic Sellers or on contractors employees shall do any work upon the premiss of othcm, the Seller shall famish the Purchaser with a marriage Nat such compenadmi and insurance have ban provided. Such cenifiwta shall specify the date when such compensation and instance have ban provided. Such cenifucan shell spdity the date when such compensation and insurance expires. The Sella agrees that such compensation and ima mine shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to for a n or property caused by or mulling from the execution ofthe work provided for I. this purchase order or in connection homwi0m The Seller will indemnify and hold kirmlns the Trichina art my or all of the Purchasers officers, again and employees from and against my and all claims, loran, damages, charges or expand, whether direct or indirect, and whether to persofo or pmpmty N which the Purchase may be put or radial by mown of any act, action, neglect omission or default on the Pan of the Sella, my of his contractors, or any of the Sellers or contractors aced, agents or employees. In com my suit or other proceedings shall be brought against the Pdchmd, or its officers, agents or employees at my time an account Or by mason of my act, action, neglect, omission or default of the Sella of my of his onaracrors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agree to assume the defense ter of and to defeatd the same at the Sellers own expea , to Pay my and all costs, chargen, attorney, fds and other expenses, any and all judgements that may be, ncurud by Or abtaiocd against the Purchaser or any of its or thew oMd.. agents or employees in such suits or offer proceedings, end in sew judgment Or other lien be placed upon or obtained againsn the property ofthe Pomemer. or mid panin in u as a caul' ofsucb suits or other proceedings, the Seller will at once cures, the come to IN dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety pmaunes , famish and install all gmrds necessary for the Prevention of accidents, comply wins all laws and regulations with regard to eaRry including, but without Irradiation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant therein. Revised 07n014