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HomeMy WebLinkAbout548989 SMME - PURCHASE ORDER - 9150011PO PURCHASE ORDER 9150011 Page C117/ of PURCHASE 9150011 1012 ' `t Collins Ins This number must appear �I ` on all invoices, packing �slips and labels. Date: 01/02/2015 Vendor: 548989 SMME 4809 E THISTLE LANDING DR SUITE 100 PHOENIX AZ 85044 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: ED BONNETTE Note: ONSITE TRAINING CLASS PER PROPOSAL TO MICHELLE CARR FROM JACE FINMAN DATED 12/17/14. 3-DAY SESSION FOR UP TO 20 ATTENDEES 4-6 FEB. 2015. Line Description Quantity UOM Unit Price Extended Ordered Price 1 ITIL FOUNDATION TRAINING CLASS -20ATTENDEES 1 LOT LS SMME PROPOSAL#TP141217JF1R1 - Class Dates: February 4-6, 2015 20 ATTENDEES - ITIL FOUNDATION TRAINING v3 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 13,825.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DEfek1IS. Tax exempliom. By statute the City of Fart Collins is exempt from state anal 1=al axes. Our Exemption Number is 98-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6)(0582 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sawtm 1973, Chapter 39-26, I IC (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in man iq may be mmmed to you for credit and me not to be replaced except upon receipt of women instructions from the Clay carat Collins. Inspection. GOODS an, subject m the City of Fan Collins inspection on arrival. Final Aceeptance. Receipt of the merchandise, services or equipment in mWease to this order can Moral in authonnd payment On the port of the City of Fort Collins. However, it is m le understood that FINAL ACCEPTANCE is dependent upon completion area applicable required inspection pmecdurm. Fmighi Tam¢. Shipments must be F.O.B., Ciry of Fort Collins, IN Wood St., Fon Collins, CO 80522, unless otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have remaining points in various pars of the country, shipment is expected from the mrarest distribution point m destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pmcurt at sellers sole cost all na., permits, rertifrcatm and he. requin,d by all applicable laws regulations, mdirxnces and tales of be state, municipality, mmmry or political subdivision where $e work is performed, an raryired by my other duty amounted public authority having jurisdiction over the work of vendor. Seller huger agrees to hold me City of Fort Collins harmlaia from aM against all liability and loss incurred by them by reason Oran uurted or established violation of any such laws, regulations, ordinances, min requirement. Authoritarian. All parties to this comma agree net the representatives are, in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits aceptanre to the It. and conditions moral herein act forth and my supplementary or additional burrs and conditions mraxed herein a incorporated herein by reference. Any additional or different terra and conditions proposal by seller are claimed to and thereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yam promised delivery data as noted. Time is ofge asmm. Delivery and pert ance must be effected within f time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limitalion, acceptance of pmial lam deliveries, shall operom as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addiction in other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, go Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such area of God, acts of civil or military authorities, grammarians] priorihea,fires, strikes, flood, epidemics, wars or rims provided that native of the coMorea causing such delay is given 1. flue Purcbaer within five (5) days of the tithe warm the Seller fast received knowledge thermf. In got event of my such delay, the date of delivery shall be extended for the period ryual m the time actually lost by reason ofNe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifimuars. sampler =Nor other descriptions given, will be fit fan the proposes intended, and performed with the highest degree of can and competence in accordance will, accepted standard for work of a similar mature. The Seller agrees to hold the purchaser harmless room any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of amrafty. The Sella shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within Such longer period of time az may M prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder, (zccaMance nmt to he communicably delayed), resulting from imperfect or defective work done or materials ftunishad by the Seller. Acceptance or use of good by the Purchase shall rant institute a waiver of my claim under this warmry. Except as otherwise provided in this franchise order, the Sellers liability hereunder shall extent to all damages proximately anted by the breach of my of the foregoing warranties or guamntces, but such liability Shall in no event include loss of profits or loss oftem. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additinns to or deletions from the quantities normally ordered in the specifications or drawing, by verbal or writen change order. If any such change affects Late amount due or the time of performance hereunder, an attainable adjustment shall be made. 6.TERMINATIONS. The Purchaser may at my time by written change order, temrimm this agreement as to my or all pourer of the goods risen not x mped, subject to any Muiable adjustrnmr haver a the parties as to my weak or materials then in progress pmvidel unm the Purchaser shall not be liable for any claims for anticipated profits on flue unmmpleat portion of the good author work, for incidental or commiuential damages, and Net no such adjustment be made in favor of the Seller with respect m my good which art the Sellers standard stick. No such amorination shall relieve the Purchaser or the Seller of any oftheir obligations as many goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for asaustmrt most be asvened within thins (30) days from the date the change or Worriwtion is ordered. 8. COMPLIANCE WITH LA W. The Seller wamm, that all goods said hemu de, shall have been produced, sad, delivered and famished in soict compliance wiun ell applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such docco mus as nay be sequined m effect or evidence compliance. All laws aud mgulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and bald the Purchaser hamless from all costs and damages suffered by Late purchaser as a result of the Sellers bailout to comply with such law. 9. ASSIGNMENT. Neither party shall assign, varafrr, or convey this order, or any maxim due or no become due remainder without the prior wrinm consent carnal other pray. I O. TFILE The Sella warrants bill, clear and maabfctal title IS the Perrchaaee far all egwpment,twter a, and items fiunishal in parifinfirearma, of this agreement, free and clear of my and all lima, restrictions, reservations, security burned rncmnbmuces and claims ofmaers. ILNONWAIVER. Failure of the Purchaser m insist upon strict performmi a of Late mrna and conditions hereof, failure or delay, to exercise any rights or remedies pmvid herrin or by law, failure to promptly reality rare Seller in the event of a breach, the acceptance of or paymenr for goods hereunder or approval ofthe design, shall not release the Seller of any of the waaramim m obligna.. of this porchum order and shall net be deemed a waiver of my right of the purchaser to insist upon inner Paris—. hereof or any of its rights or remedies as to any such goods, regmdlexs of when shipped, received Or accepted, as to any prior or subsequent default hereunder, Our shall any parponed oral modification or remission of this purchase order by she purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ¢ c Pactice, machargm resulting farm .,a.,xiolubso; en, in fact same by the Purchaser. Thetemfam,fer good cause and as consideration for accuring Nis purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have at hereager acquired under federal or scare antitrust laws for such overchargm relating to the particular goods or services purchased or acquired tribe Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser direct, the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thermfr indicates its inability or unwillingness 10 comply, the purchaser may cause the work in be, puffloramed by the ..at expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall .1. she Purchaser and its contractors of any tier farm all liability and claims of any nonue aesulting min me performance afmch work. This release shall apply even in the event of both of negligence of the party released red shall extend to the directors, o?cers and employees ofsuch party. The Sellers remonstrant obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. Id. PATENTS. Whenever the Seller is nocturnal to use any dmiga devitt, material or process covenod by later, patent tuMemark r copyright. Late Sella shall indemnify and save harmless the Purchser farm my and all claims for infringencnr, by reason of the use of such patented design, device, material an pmmss in comuram with the contract, and shall indemnify tare Purchaser for my cm, expense or damage which it may be, obliged On pay by arson of such infringement at any aim during Late prosecution or after the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute infringement rod the see of said aluipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for rare Purchaser the right to continue using said equipment or parts, replace the same with substantially egml but norinMnging o,opmem, or modify it an it becomes noninfdngia. 15. INSOLVENCY. If the S011m abull bear. ofic.lvem or Walking, make an acsigrmrem for the benefit of creditors, appoint a reateriver or tmte se for any of the Sellers property or business, this order Tray forthwith be macelal by the Franchise,without liability. I6. GOVERNING LAW. The deerdtioa Orleans used m the interpretation ofthe agreement and arc rights of all parties brn,uvder shall but, continued under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply ody in where the Sella is m pamorm work Jamaica,including the services of Sellers Remaxmanive(s), on theses premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers awn risk until the same is fully completed and incepted, and shall, in raze of my accident destruction an injury to the work sralror mmenat Nation, Sellers final completion and acceptance, complete she work at Sellers awn expense and to f satisfaction of the Parchasm. Warm materials and equipment am fumkshal by others for iatathomm Or erection by the Sella, the Seller shall receive, moral, store and handle same m tare site and become respoaible therefor ss bough such materials andror equipment weal being f ished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers communication, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall elm cart, comprehensive general liability including, but not limited m, commetal and automobile public liability insurance with badly injury and death limits of 0lest S300,000 for my tax pawq E500.000 for my accidentone cardcardm ppeny damage limit per accident of SqO ,". The Seller ideal likewise auction, his contractors, Lamy, m provide for such compensation aM insurance. Before may of the Sellers or no emmmemes employees shall do my work upon the pmnims of others, rha Salim shoe famish the Purchaser wig a ttnificate that such campemsntion and ixamesse Leave been provided Such mrtificatm Shen specify the dam when such compensation and insurance have been provided. Such madficata shall specify the date when such comperessition and insurance expire. The Seller agrees gar such compensation and insurance dull be mainrived mtil alter me =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whosoever to persons car property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser aM any Or all of the Purcbasen officers, agents and employees from aM against any and all claims, locam, damages, charges or expenses, whether direct or indirect, and whaler m prisons or property an which the Pachuca may be pm ar subj=l by reason of any act, scam, madect omission or drams on the Pan of the Seller, any of his conmclon, or my of the Sellers or commit officers, agent or employes. In case my suit or other proceedings shall be brought against the Purchaser, m its officers, agent or employees at my time on =want or by reason of any act, action, negleeL omission or default of the Sella of my of his contactors or my of its an their officers, agents or employees as aforesaid the Sella hereby agrem to assume the defense germf and to defend the same at the Sellers Am expense, to pay any teal all costs, things, attorneys fees and other expeaea, any and all judgments that may be incurred by or obtained against the Purchasrr or any Of its or until officers, agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or .brined agaimr the property argue Purchaer, or said ponies in or as it result i f armh suits or ouner proceedings, the Seller will at once cause the same no be dissolved and discharged by giving loud or otherwise. The Seller and his contractors shall take all safety peeeautions, f ixh and thstail all guard m ax ex ry for the Formation of accident, comply with all lows rod regulations wig regard in safety buttoning, Malt without limirdoq the Occupational Safety and Heald, Act of 1920 and all calm aal se Wm. issued fir a d therto. Revised 07n014