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HomeMy WebLinkAbout1002925 MOUNTAIN STATES EMPLOYERS COUNCIL - PURCHASE ORDER - 9147406PURCHASE ORDER PO Number Page Cityof947406 ,oft ' `t Collins/ Vhis number must appear 1 1 on all invoices, packing sli s and labels. Date: 12/16/2014 Vendor: 102925 MOUNTAIN STATES EMPLOYERS COUNCIL PO BOX 539 DENVER CO 80201-0539 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/15/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 DUES-JANUARY 2015 Inv. 296941 dated 12.10.14 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.conn 1 LOT LS 5,100.00 100.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local mxa. Om Exemption Nomber is 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is re goterM with the Collator of Internal Revenue, Deaver, Colorado (Ref+ Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Grads Rejected. GOODS REJECTED due m failure m men specifications, either when shipped or due to defect of damage in mnsiL may be mimed to you for credit and are not to be =placed except upon receipt of written instructions from the City of Fort Con ins. Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptance. Raeipt of the merchandise, saress or equipment in response to this order am ,,ault in authorized payment on the pan of the City of Pon Collins. However, it is to he undctstaad dart FINAL ACCEPTANCE is depandmt upon complexion of all applicable squired inspection proc'edura. Freight Tents. Shipments must be ROD., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, colas otherwise specified on this order. if,,emission is given to prepay freight and charge importantly. the original freight bill most accompany invoice. Additional charges fat packing will tetbe accepted. Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater former. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcates and licenses rryuined by all applicable lax,, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or rep al by any other duly constiamed public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirement. Authorization. All ponies to Nis contract agree that the expresenutives are, is fact, bow fide all possess full and complem authority to bind said aria. LIMITATION OF TERMS, This Purchuc Order expressly limits acceptance to the it. and candidates stated herein set hoed all any supplementary or additional terms and conditions annexcd hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller me objected to all hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yea cant make complete shipment to arive on your premised delivery date as noted. Time is of the ascna. Delivery vad perm arm most be cfferned within the time stated on the purchase order and the ductments attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveriu, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall hove, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not bs liable for it.,. as a result of delays due to causes not presumably governable which the beyond its reasonable annual and without its fault of negligence, such acts of God, acts of6AI or military amlmdrlea, govern .] priorities, Gres, strikes, rood, epidemics, wars m does provided that notice of the conditions causing such delay is ghrn to the Purchaser within five (5) days of the time when Nc Seller first received founded, thamaf. In the exert of any such delay, rose date of delivery shall be, extended for the period arm[ to the time actually Iwt by reason ofthe delay. 3. WARRANTY. The Sella wain r that all good, amides, materials and work covered by this order will conform with applicable drawings, specifications, samples anger other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of are and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Pnmhaser may suffer or incur on account ofthe Sellers breach of wam dy. The Seller shall replae, repair or make good, without cost to the purchaser, any defcas or faults arising within one (1) year or within such longer pedad of time as may be proscribed by law or by the aermx of any applicable warrant, provided by the Seller after the dte of acceptance of the goods famished hereunder (accordance not to be unreasonably deloyc ft, suiting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Pmrchaer shall not constitute a waiver of any claim under this waramy. Except as otherwise provided in this pu=hau order, the Sellers liability hercunda shall extend to all damvga pmxim'rttly caused by me breach of any of the foregoing warranties or incomes , but such liability shall in. event include loss of Mr. or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purdtm may make changes to legal terms by whim change order. 5. CHANGES IN COMMERCIAL TERMS. T sea Pitchman may make any changes ro the reran, tuber than ream perms, including additions ro or deletions from the quantillos originally ordered in the spat fications of drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomane< hereunder, an commit. adjustment shall M made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement a to my or all portions of the good then not shipped, subject to any equitable attachment between the parties as to any work or materials then in progress provided that the Purchaser shall not to liable for any claims for anticipated prefix on the uncompleted potion of the goods prefer work, for madenml or consequential damages, and that no such adjustmed be made in favor of the Sella with sheet many goods which the me Sellers standard stack. No such termination shall relieve the Purchasa or the Seller army oftheir obligations as m pry goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be, asserted within third (30) days fat the dam the chat, ar termination is ordered. K. COMPLIANCE WITH LAW. The Seller woman, that all good sold hereunder shall have been ,,reduced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be moorporamd in agreements of this character are hereby incorporated herein by this refcmma. The Seller agrees to indemnify and hold the Purchua hamlas from all rest and damages suffered by the Purolator, as a suit of the Sellers Indent comply with, such law. 9. ASSIGNMENT. Neither parry shall assigns transfer, m convey this odder, or any monies due or to become due herconda without the prim wdnen corsair ofthe other party. 10. TITLE, The Seller wpmnt full, clear end warentrieed title to the Purchaser far all mquil men , mmedals, and it. bandstand in Forbearance of this agreement free and clear of any and all diem, restrictions, reservations, security mtaest encumbrances and claims aromas 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance mime harm and conditions hereof, failum or delay to any rights or remakes provided herein or by law, failure to promptly notify the Sella in the event of a much, the acceptance arm paymeart fire goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not le deemed a waiver of any right of the purchaser to insist upon strict parlurmnnce hereof or any of its rights or remedies as to any such goods, regardlas of when shipped, received or accorded, as to any pd., or subsequent default hereunder, nor shall any pwasur ed oral modi Edition or scission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in actual or mpra c ctice, o emhara gresuming from antitrust violations us, in fact bards, by the Purchaser. Theraof rm,for good cause and as coaaideretion for executing this purehasc mile,. the Seller hereby assigas to the Purchaser any and all claims it may now have or hereafter acquired under federal in site aatiwsr laws for such overcharges relating m the particular good or services Purchased m acquired by the Lansdowne pursuant to this pu=hue order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser chapter the Seller a correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and Ne Seller, thereafter indicates its inability in wwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, end the Seller shall pay all costs associated with such word. The Seller shall release rue Purchaser and its commnors of any tier from all liability and claims of any nawre resulting Rum the performance fsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, orace. and employees ofsuch party. The Sellers contactual obligations, including warranty, shall not be deemed ro be reduced, in any way, because such work is perfomal or causal to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is tryubed to use any design, de, ice. material at Farmers covered by letter, Farrar trademark or copyright, the Seller shall indemnify and save hamlet the Pudd aser fmm any and all claims for arrangement by reason of the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may W obliged to pry 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 goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right in continue using said equipment or Part, replace the same with substantially equal but noninMnging equipment, or modify it sr it becomes noninGnging. IS. INSOLVENCY. If the Sella shall become insolvent or bankmpn, make an acsigmnent far the bcotfit of coeditors, m,mm a or mas,a for any of Ne Sellers property or business, this order may forthwith be <analed by me Purchasex without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agrtnnenl and the rights of all parties hereunder shall be onstmed under and governed by the laws argue State ofColnmdo, USA. The fallowing Additional Conditions apply only in cases where the Sella is to Perform work hereunder, including the services of Sellers Repremnmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accapted, and shall, in use of my accident, destruction or injury to the work anger materials befom Sellers font completion and acceptau'e, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment art famished by others for installation or motion by the Sella, the Sella shall receive, Wood, store all handle same at the true and became responsible therefor as though such rnareriat .&a, equipment were being famished by the Seller audit the oNa. 18, INSURANCE. The Seller shall, al his owns expense, provide for the payment of workers compensation, including occupational disease benefit, to its employers employed ono in connection with the work covered by this purchase mdem anger to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall Aso carry mmOmbensive general Indian, including. bra not limited to, camractual and automobile public liability insurance with bodily injury and death limit of at least S300,000 for any one person, S5PILM for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conduction, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. due Seller shall famish the Purchaser with a anf icate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompewtion and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires . The Sella agent that such compenation and immance shalt to maintained until after the stripe week is completed and accepts 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aurora the entire responsibility and liability for any and all damage, loss w injury ofany kind in vtu= whars«ver to persons or pmperty caused by or resulting from Ne execution arrive work provided for in this p ichax orda or in connection herewith. The Seller will indemnify and bold homeless the Purchaser and any r all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Famous or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of has contractors, or any of the Sellers or commences officers, agents or employees. In onse any suit or other proceedings shall be brought agams, he Purchnseq or its officers, agents or employees at any time on account or by human of any act, action, neglect, omission or default of the Seller of any of his contractors or any of it or their olBcars, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same in the Sellers own expertise, to pay any and all cost, charges, attorneys fees mad other expenses, any and all judgment that may her incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such as or other p.WiW, and in case judgment m other dim be placed upon or obtained against the Property of the Purchaser, or said parties is or as a sash ofsuch suits or other proceedings, the Seller will in once came the same to Is, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and itttall all guests mec¢ssry for the ps'ention of accident, comply with all laws and regulations with regard to safety inchadm& but without limitation, the Occupational Safety and Health Act of U70 and all sales and =gulationsissued pursuant theram. Revised 07l 014