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HomeMy WebLinkAbout495519 SET IT OFF LLC - PURCHASE ORDER - 9147574City of F„`rt Collins Date: 12/23/2014 Vendor: 495519 SET IT OFF LLC 2002 E LINCOLN AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147574 'eft This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue. Building B FORT COLLINS CO 80521 Delivery Date: 12/23/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 To cover - cost of re -painting 9 police units @ $1,700 each. 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 1 LOT LS 15,300.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt (ram stare and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Callan, of Failure of Ne particular to imist upon stria Performance of the tents and ambitious hereof, failure or delay to Internal Revenue, Drava, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). cancisc any rights a mmedies provided heroin or by law, failure to promptly unify de Sella in the went of a march, the azM.. ofor payment for good Torment or approval offe deign, shall at release The Seller of Goods R jaded. GOODS REJECTED due to failure u meet specifications, didia when shipped or due to defects of any of the watantie or obligation of this purchase order and shall not be dermal a waiver of any right of the damage in transit, troy be returned to you for madh and are not to he replaced except upon m ipl of andum purchaser to imin upon strict performance hereof or any of its rights or mnoies to to any such goods, regardless instructions Earn the City of Fon Collins. of when shippal, receivxd or acrptal, as to any, prior or subsequent defaW, hereunder, nor shall any por maned oral modification or rescission of This purchase order by the Purchmer operate as a waiver ofany of the tram Initiation. GOODS as subject to the City of Fan Collin inspection on variant. hat Final Acceptance. Receipt of the merchandise, services car apfipmem a response to this order can rrmh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. a ilarixed payment oa the pan of the City of Fan Collins. However, it is to he understood fro FINAL Sella and the Purchaser raognix that in actual alumina practice, mar argcs resuhin, fmm antimfm ACCEPTANCE isdricadentuponwmpletionofill applicable required inspection procedures. violafion are in fact home by the Purebaser. Theatofoafar good mum and to consideration for clouting this purchase order, the Seller hereby margins to the Purchaser any and all claims it may now have or handler Freight Tears. Shipments roust be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under moral or state antioust laws for such overcharges relating to the particular good or services otherwise specified on this order. Ifpermission is given to prepay freight and charge separmely, the original freight purchased or acquired by fr Purchaser pursuant to this purchase order. bill mat acomnanv invoice. Additional charges for mckinn will not be azcemer. Shipment Distaae. Where manufacturers have distributing points in us 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 procure at sellers sole and all necessary permits, certificates and licensors required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or Political subdivision where the work is Performed, or required by any offer duly co,timtal public authority having jurisdiction over the work of vendor. Seller burger, tigers to hold the City of Fan Collins harmless farm and against all liability and Ins acurral by them by arson of an asserted or established violation of any such laws, roplatiom, adjourn, mles and requiremenu. Authorization. All parties to this contract agree that the repregntafives are, in fact, bow fide and possess full and complete authority to bind mid Forms. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the toms and condura, aural herein set both and any supplementary or additional term, and conditions, annexed hcrem or incoryoated herein by rcfercmx. Any additional or different teas and conditions, proposed by sdlen art objected to and hereby ajected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carom make complete shipment to alive oa your promised delivery den m noted. Time is of the essence. Delivery and performance must he effaved within the time sated on the purchase older and the documents attached hereto. No acts of the Purch Tess including, without limitation, aca prance of partial ram deliveries , shall operate as a warner of this provision. In the went ofany delay, the Purchaser shall have, in addition 10 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 for damages as a reoull of delays due to rouses at reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such is of God, acts ,F,i,il ur mili ay omhandes, governmental priorities, fires, strikes, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchase, within Eve (5) days of the time when the Seller first received knowledge thereof In the even of any such delay, the dam of delivery shall be extended for the period equal to the time actually last by reason of be delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmwings, specification, samples major other description given, will be fit for the purposes intended, and pert ed with the highest degree of care and competence in accordance with accepted standards for work of a similar natua. The Seller agree w hold the pumhasr harmless from any loss, damage or expense which the Poorhouse may suffer or incur on account of The Sellers beach of warranty. The Seller shall replace, apav or make good, without cost to The purchaser, any defects or faults amsing within one (1) year or within such longer period of time as may be prescribed by law or by The terms ofany applicable wmrnary provided by the Seller after the date of arrepunce of the goods furnished hasnalw (mcepuom no, as be ummsonably allayed), ..]it, faro imperfect or defetive work done or materials f ishal by the Seller. Acceptance or use of goods by the Purchmer shall cut constitute a waiver ofany claim under this warmvty. Except m ofnwise provided in this purchase order, the Sellers liability hereunder shall amend as all damages prom mately caused by the breach of any of the foregoing commone or guammas, but such liability shall in no event include lass of pmfts or loss of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mry make changes to legal teams by swine change oNer. S. CHANGES IN COMMERCIAL TERMS. The Purchmer army make any changes to the from, aber than legal turns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change older . If any such change aRcas the amount due ar the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment lawman the panics as to any work or mamriak fen in pagres provided That the Purchaser shall no, be liable for any claims for anticipated profits on the uncompleted portion of the good andtor work, for inddrnal or comequrdari damages, and that no such adjustment be made in favor of The Seller with respect to any goad which are the Sellers standard stock. No such simulation shall relinx the Pumhoser or the Seller ofany of their obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjmtmmt most h asserted within ttiny (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Sella wmmns but all good sold hereunder shall have been produced, sold, delivered and bumishad in strict compliance with all applicable laws and regulation to which the good ate subject. The Seller shall execute and deliver such documents as may be required to d&et or evidence compliance. All laws and regulation required to be inconpoa ed in agreements of this character are hereby incoryoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all ems and damages suffered by The Purchaser to a result of the Sellers Thai form comply with such how. 9. ASSIGNMENT. Neither party shall assign, mndler, or convey This older, or my monies due or to become due hereunder without the prior writing consent of the other parry. 10. TITLE. The Seller warrants full, clear and lummicted titled the Purchaser for at I equipment, materials, and item famished in facilitators of this agreement, face and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAi'IONS. If the Purchaser directs the Seller in correct nonconforming or defective good by a date to be agreed upon by the Pnrehtoer and the Sella, and the Seller thereafter indicates its inability or unwillmbess to comply, the Purchaser may cause the work to be performed by the most expeditious mecum available m it, and the Seller shall pay all costs mowitund with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability curl claims of any mare resulting from the performance ofsuch work. This release shall apply wen in The event of fault of negligence of the party released add shall extend to the directors, officers old employes fsuch parry. The Sellers contractual obligations, including..W, shall a, be deemed 10 be reduced, in any way, bearmse such work is pvrrm—d or comal to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, arterial or process mveral by letter, patent, radem ,k r copyright the Seller shall indemnify and save harmless the Purchaser fro any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the roman, and shall indemnify the Parchua for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In now said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninMnging equipment, or modify it so it becomes noninringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or lumber for any of the Sellers property or business, this aid, may forthwith be canceled by the Ptuchtoer without liability. 16, GOVERNING LAW. The definition of terns toed or the interpretation offe agncement and the rights of all parties hereunder shall be ambued under aM governed by the laws of the Save ofColomdo, USA. The following Additional Condition apply only in caws where The Sella is to perform work hnearder, including the services of Sellers Rep,xnutive(s), on the premise ofmbvis 19. SELLERS RESPONSIBILITY. The Sella shall can, on said work at Sellers awn risk until the same is jolly completed and azceptal, and shall, in case of any accident desmctim or injury to the work and or mmavm from, Sellers mail completion anal acceptance, complete the wind at Sellers own expense and to the mtidama of be Purchases. When materials and equipment are famished by ohers fro installation or erection by the Sella, the Sella shall ,carve, unload some and handle sums, at the site and become responsible ferefr, as Though such materials major equipment we, being finished by The Sella under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymrnt of workers comprmation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anlJor to their dependents in accordance with the laws of be state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, ism ratual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, s500,Wf 1br any one accident and property d mage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide far such compensation and insurance. Before any of be Sellers or his contractors employees shall da any work upon the premises of others, the Seller shall famish the Purchaser with is certificate but such compensation and insurance have ban provided Such certificates shall specify the date when such ompe,arion and immunce have been provided. Such certificates shall specify the date when such compensation staff alumina expires. The Seller agrees but such compensation and insurance shall nd maintained until after, the entire wad is compleral and aceim 1. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ens me the entire nommaibiliry and liability far any and all damage, loss a injury ofany kind or nature whatsoever I. parsons a papery mtosd by car resulting from The execution ofthe work provided for in this purchax order oral cont,aim hr,with. The Seller will indenmify and hold hamml,s The Purchaser and any r all of be Pumhmcrs olRcan, agents and employees f snd against any and all claim, lasses, damages. charges n ape,es, whether di,m or indirecl. and whether to persons or papery to which the Purchase, may be pm or subject by reason of any act action, neglect omission or defauh on the part of the Seller, any of his combustion, or my of the Sellers or contractors officers, agents or employes. In case my suit or other pacealings shall be brought against the Purchaser, or its offices, agents or employees of any time an account or by reason of any act action, neglect omission or defauh of be Seller of any of his centraaors a any of its or Neil officers. agents or employees as aforesaid, The Seller hereby ages to assume the defense Thercof and 10 defend the some at the Sellers own expelae, to pay any and all cods, charges, i nomeys fines and oNer expenses, any and all judgments that may be incurred by or obtained against fire purchaser or any of is or Their officers, agents or employees in such suits or other paccoings, and in case judgment or offer lim he placed upon of obtained again, the property offe Fallout or said parties in in as a resat, of such sums or other proceedings, the Seller will at ante caux the same to be dissolve and discharge by giving bond or otherwise. The Seller and his contractors shall take all safety paczutlon, furnish and instill all guard necessary for the prevention of alaidam, comply with all laws and regulmio, with reform to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 07Y 014