HomeMy WebLinkAbout549318 INTERNATIONAL ECONOMIC DEVELOPMENT - PURCHASE ORDER - 9147589PO
PURCHASE ORDER 914758 Number Page
Cliy, of PURCHASE
9147589 1 of 2
' `t CollinsCThis number must appear
` " on all invoices, packing
sli s and labels.
Date: 12/23/2014
Vendor: 549318 Ship To: CITY MANAGER
INTERNATIONAL ECONOMIC DEVELOPMENT CITY OF FORT COLLINS
COUNCIL (IEDC) 300 LAPORTE AVE
PO BOX 759219 CITY HALL WEST - 1ST FLOOR
BALTIMORE MD 21275-9219 FORT COLLINS CO 80521
Delivery Date: 12/23/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
IEDC Membership 1 LOT LS 5,000.00
Total $5.000.00
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COM MERC W. DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local lazes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Catificate of Registry, 84-6000582 u regimerd with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutums 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage th vamit, may be rumored to you for credit and art not to be replaced except upon receipt of written
instructions fmm the City of Fort Collins.
Inspection. GOODS are subject to Orc City of Fort Collins inspection an anival.
Final Acceptance. Receipt of the merchandise, sentrunew or equipment in response to this order an result m
conformal payment on the pan of the City of Fan Collins. However, it B to be understand East FINAL
ACCEPTANCE a dependent upon amplerim i f all applicable requited impaction procedums.
Freight Terms. Shipments must W F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522. uvless
otherwise specified on this order. If permission is given to prepay freight and charge sepamaly, the original freight
bill mot accompany finance. Additional charges for parking will not be accepted.
Shipment Distance. Where manufacturers have disuNuting points in veriam parts of the country, shipment or
expected fmm the nmnsl distribulion point to dalimtion, and excess fight will be deducted from Invoice what
shipments ore made from greater duame.
Permits. Seller shall pmcune at sellers sole cast all necasnry pertnis, cenifata end licenses required by all
applicable laws, regulatlom, mdiwnca and mles of the sans, municipality, motion, or political subdivision when
the work is performed, or rt moddl by any other duly continued public authority lavingjamadiction over the work
of vendor. Seller fuller agrees to hold the City of Too Collins hamdas fmm and Maima all liability end loss
incurred by them by reason of an assured or established violation of any such laws, regulations, oditanca, roles
and requirements.
Authovation. All parties to this [..tore agree Oar the maresenmtives are. in fact, boo fide and pmuss fun area
complete authority to bind mid Paquin.
LIMITATION OF TERMS, This Purchase, Older expressly limits acceptance to the temp and conditions Smtd
herein sat font and any supplementary or additional terms and conditions annexed harem or incorporated herein by
reference. Any additional or different terms and wditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to once an your
promised delivery date m noted. Time is of the esunce. Delivery and performance mot be effected within the time
stated on the purchase older and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Pumhasa shall have, in addition to other legal and equitable remains, the option of placing this older elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages or a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault Of negligence,
such acts of God, acts of civil or military onflummies, gavemmemal primiurs, fires, strikes, food, epidemics, wars or
hots provided that notice of the conditions causing such delay is given to the Purcboer within live (5) days of the
time when the Seller first received knowledge thereat In the event of any such delay, the dale Of delivery shall be
extended for the paid export to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, dicles, materials and work covered by this order will continuum with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
pedormd with the highest degree of care and competence in accordance with accepted sundards for work of a
similar nature. The Seller agrees Ira hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer a incur on account of the Sellers breach of warranty. The Seller shall replace, repo it or make
god, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pad of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of
accepmnce of the good famished hereuder facuptwe, not to Is, artaanably delayed), resulting from imperfect
or deftictive work done or metaals frmishd by the Seller. Acceptance or me of goad by the Purchaser shall not
constitute a waver of any claim under this warranty. Except as otherwise pmvided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal nos by wrinen change oMe,.
S. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the terms, other than legal mrmq including additiom b ar d IMm s Imo
the quantities originally ordered in bar specifications or drawings, by cabal or written change older. If any such
change of Is the amoual due or the time if performance Immortal. tin equitable adjmtmat shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change all terminate this agreement m so any or all portions of the
goods men rant shipped, subject to any equitable adju4ment Mween the panic o many work or materials then in
progress provided that the Parchoer shall rot be liable for any claims for anticipated prafu on the uncompleted
potion of the good and/or work, for incidental or consequential damages, and that no such djuswent be made in
favor of the Sella with respect to any good which art the Sellers standard stuck. No such mrmimtion shall nelieve
Ne Purchaser or the Seller army ofth,ir obligations is to any goad delivered herronda.
T. CLAIMS FOR ADJUSTMENT.
Any clam for djmtmant marl he mend within thirty (30) days fmm the date the change or mrmiration is
oldered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall fare been produced, sold, delivered ad famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such documents o may be, "hired an effect a evidence, compliance. All laws ad regulations required to be
ircoBomted iv agreements of this chamrem sort hereby incapacitated herein by Nis refit.. The Seller agrees On
Memory red hold the Purchaser hamdess from all costs and damages suffd by the Pluchrom m a result of the
Sellers failum to comply with such law.
9. ASSIGNMENT.
Neither pvry shall assign, transfer, or convey this older, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchase for all equipment, mistrials. ad items furnished
n performance of this agreement, free and clear of any and all liens. restrictions, reservations, security interest
autonomous. and claims ofothers.
I I.NONWAIVER.
Failure of the particular to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercisy rights or remedies provided herein or by law, failure to promptly notify the Sella in the went of a
breach,tanthe acceptance arm payment for good hcreurMa or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order ad shall not be deemed a waiver of any right of the
purchaser to insist upon small performance hereof or any of its rights or candies m to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
aml modification or rescission of this purchase order by the Purchaser operate o a wanner of any of the as.
heraf
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchase recognize that in actual ec omit practice, overcharges resulting fmm antimnt
violations are in fact home by the punchasa. Theremfore,for good muse and m consideration for executing this
purchase order, the Sella hereby assigns to the Peambmer any and all claims it may now have or hereafter
acquired order farm) or state antimtss lases far such overcharge relating to the particular gaud or services
purchased or acquired by the Functional pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller as correct..rconf ing or defective good by a ease to be agreed upon by the
Punchoer ad she Sella, and the Sella thereafter idiates its inability or unwillingness to comply, the Purchaser
may muse the work to a performd by the most expeditions means available to it, and the Sella shall pay all
costs aswciald with such work.
The Sella shall release the POrehmer and its contractors of any her floor all liability and claims of any velure
tainting fro the pedormzon, of such work.
This release shall apply even in the event of fault of negligence of the party, released and shall extent to the
directors, afters and employees of such parry.
The Sellers antmctual oM flan., including warranty, shall not b, deemd to be reeuced, in any way, became
such work is perforrned m it,. be punformd by the Purchase,
14. PATENTS.
Whenever the Seller is "nixed to me any design, device, material or process covered by IM., pasent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such hooted design, device, Material or process in connection with the comma, and
shall indemnify the Furchoer fro any cost, expense or damage which it my Be obliged to pay by reason of such
infngement at any time during the rumination or after the completion of the was. In case said equipment, or
any pan thereof or the intended me of the goods, is in such suit held to constitute infNngemem and the me of
said equipment or pan is enjoined, the Seller shall, at its own expense and as its option, either procure for the
Purchases the right m continue ruing said mini mint or parts, replace the same with substantially equal but
nonlnfimong equipment, m modify it sec it becomes no urifn'nging.
15. INSOLVENCY.
If the Sella shall become insolvent or baatmpt, make an assignment for the benefit of cmdltora, appoint a
Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LA W.
The definitions ofmmn used Or the inarpretation Of the agreement and the rights of all parties hereunder shall be
committed coder and ... coed by the laws ofthe State Of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services Of Sellers Repreunrstive(s), on the premises of others.
❑. SELLERS RESPONSIBILITY,
The Sella shall carry an sad v ork an Sellers own risk until the same is fully completed and arcepa if and shall,
in u of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Series awn expense and to the mtisfaction of the Purehmer. When malaria
and equipment are furnished by others for installation or election by the Selleq the Seller shall receive, unload,
store and handle same at the srle and become responsible therefor o though such materials adlm equipment
were beingf ished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his owns expense, provide for the payment of workers compeomtio a. including occupational
disease benefits, to its employees employed on or in coanection with the work covered by this purchase order,
and/or to their dependents at accordance with the laws of the state in which the work is to be done. The Seller
shall also airy comprehensive general hadmia, including, but not limited to, contractual not automobile public
liability imum rm with bodily injury ad death limits of at least 5300,000 for any one grown, $500,000 for any
one accident and property Page limit per accident of S400,000. The Sella shall likewise require his
contractors, if any, to provide for such compereYon ad inummnce. Before any of the Sellers or has contractors
employees shall do any work upon the premises of oNas, the Sella shall fiunuh the Purchaser with a cenifimm
that such compeuentirm and insurance have been provided Such anifciam shall specify the date when such
cammencorman admarmance have been provided Such mnifiates shall specify she doe when such commission
and insurance expires. The Sella agrees Nat such compesatim, and mass umrce shall be maintained until after the
entire work is completed and Occupied.
19. PROTECITON AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assmna the entire responsibility and liability for any and all damage, Ins a injury of MY kid
Or nature whals«xer m persons or pmryerty eased by Or resulting fmm me exmtion ofthe work provided for in
this Purchase Order a in cameo.. herewdth. The Sella will indemnify and hold harmless the pumhuer and any
or all of the Purchasers ofc rs, agents and employees fro and against any and all claims, losses, damages,
charger m expenses, whether direct or idiren, and whether to persons or property to which the Purchaser may
be put or subject by reason of any OcL action, argues, omission or default On the pan of the Seller, any of his
wnrmctors, or any of the Sellers or contractors offices, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, m its officers, agents or employees at any time on acwwt in
by reams of my art azfirm ne doe , omission a default of the Sella of any of his contractors or any of its a
their officals, agents or employees m aforesaid, the Seller hereby agrees to assuree the dcfeme thereof ad to
defend the same at the Sellers own expense, to pay any ad all costs, charges, allomM But ed other expenses,
My and all judgmens that may To normal by or obmind against due Purchaser a any of is or their afters,
agents or employees an such suits or other, proceedings, and in case judgment m mha her be placed upon m
obtained against the property of the Purchaser, a said parties in or m a result of such suits or other proceediags,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contrazmrs shill take all safety precadom, famish and install all guards necamry, for the prevention of
accidents, comply with all laws and regulations with mgad to mfety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursu..l thereto.
Revised (]arts