HomeMy WebLinkAbout351548 US BANCORP - PURCHASE ORDER - 3215009PO
PURCHASE ORDER 321500er Page
CI�/ of PURCHASE
009 ' of z
' `t Collins/ his number must appear
\.I " 1 1�7 on all invoices, packing
sli i and labels.
Date: 01/02/2015
Vendor: 351548
US BANCORP
OFFICE EQUIPMENT FINANCE SERVICES
PO BOX 790448
ST. LOUIS MO 63179-0448
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/02/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Copier Lease & Supplies
Annual
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
1 LOT LS
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 Terns and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By match, the City of Fan Collins is exempt from nominal local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Fadenl Excise Tax Exemption Certificate of Batik,, 84-6000581 is registered with the Collator of
Failure of the Purchazn to insist upon strict performance, of the terns and conditious hereof, failure or delay to
Inmrml Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, future to promptly entity the Seller in fie event of a
breach, the acceptance of or payment for gods hereunder or approval of ie design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
my of the waramia or obligations of this purchase order Said shall not be demand a waiver of say right of the
damage in mmlt may be retuned to you for credit and are rot to b, replaced except upon receipt of women
purchaser to insist upon shin perfomance beco for any of is rights or remedies us to my such goods, regardless
instructions from the City of Fon Calif..
of what shipped, received or incepted, as to any prior or subsegamr default hereunder, nor shall any patrponed
man modificatian or rescission of this purchase order by the Parnassian operate as is waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, Services or equipment its respone to this undo an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of this, City of Fan Collins. However, it is to be understood Nat FINAL
Sella Said cM purchaser mcogniss Nat in actual a is practice, o res eremi ulting firm antitmst
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
violations art in fact bone by Use Pardoner. Theretofore, four good cause sad n musideratim for executing Otis
purchase under, the Sella herby usages to the Purchaser any and all claims it may now have or hereafter
Freight Turns, Shipments must he F.O.D., City of Fort Calif., 900 Wood St, End Collins, CO 80522, antes
acquinnd coder federal or state antitrust laws far such overcharges reining to the particular gcods or services
otherwise specified on this order. If permission is given to prepay freight and charge Separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be incepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parrs of the country, shipment is
IfNe Purcloser dbecs the Seller So action aonmmfomiug or defective good by a date m he named upon by Nc
expected from the nearest distribution paint to destitution, and excess freight will be, dnductnd from Invoice when
Purchaser and the Seller, and the Seller Recession indicates its inability or unwillingness to amply, the Purchases
Shipments are made fiom grwta dismme.
may cause the work co be performed by Oar most expeditious roam available to it, and the Sella shall Pay all
cats associated with such work.
Permits. Sella shall penance at sellers sole cost dl neassary, pemtis, adifrcams and license requited by all
applicable laws, regulators, mdmmca and rules of the state, municipality, tarimry or political subdivision where
the work is performed, or rcquircJ by any other duly announced public authority having junsdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collin harmless Item and against all liability and loss
recurred by them by reason of an asserted or established violation of any such laws, regulations, on itnnces, roles
and "wremens.
Authanrmion. All paries to this amnct same tom the oepreaenotives are, in fact, bona fide mid possess full and
complete a choody to mad said parties.
LIMITATION OF TERMS. This Purchase Ouder expressly limits composite to the it. and mndirion sound
herein set frnt and any supplementary or additional tams and condition a amml bemo or iinmpoatnd herein by
reference. Any additional or different terms and conditions proposal by Seller art objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Immedfaely if you anent make complete Shipment to since on ywn
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial Irate deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Hmseva, the Sella shall at be liable for damages as a .11 of delays
due to causes not ressombly foreseeable which are beyond its reasonable control sad without its fault of negligence,
such scs of Gat acts fcivil or military authontin, govemmmol priorities, fires, strikes, Rood, epidemics, wars m
Laos provided that notice or rise conditions causing such delay is given to Ore Purchaser within five (5) days of far
time when the Seller fast received knowledge thereof. In this event of my such delay, flue dam of delivery shill be
extended fen the period equal to One time anhwty last by reason ofNe delay.
3. WARRANTY,
The Seller warrants that all good, articles, nationals and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance wit accepted standard for work of a
imilar nature. The Seller agrees to hold the purchaser hamlets from my loss, damage or expeaa which flue
PucEaser may suffer or incur on comma of the Sellers French of waranry. The Sella shall rrylaza, repair or retake
good, without cost to the purchuser, my defects or faults arising within one (1) your or within such longer period of
time as may be presented by law m by the terms of my applicable warranty provided by the Seller after this, date of
incepovce of the goods furnished heemdr hors xonee rot W be unconscionably delayed), resulting tram imperfect
a defective wok done or materials fumisbed by the Sella. Acceptance muse of good by the Purchaser Shall vat
assume a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamntias
or guarantors, but such liability shall in an avert include loss ofpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order
S. CHANGES IN COMMERCIAL TERMS.
The purchmer may make my changes to the ta—, offer Our legal tarot, including additions to car deletions fnm
the qumtitia ongimlly ordered in the Specifications or dawings, by cabal m wriam change order. If my such
change affects the amount due or Use time ofpnfommce heremder. not equitable Mjustment shall be made.
6. TERMINATIONS.
The Puncheon may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofNe good scorns work, for incidental or consequential damages, and that no. such Sdjusment be made in
favor of the Seller with respect m my goad which am Br Sell. mandard stack No such temimtim shall relieve
the Purchaser a the Sella army of fair obligations to to any good delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
A, claim far adjussmmt must be assumed within tiny (30) days from the date dw change or Seminarian is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goad mid heremder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good arc subject The Seller shall execute and
deliver such documens as may be required so effect or evidence compliance. All laws and regulation required to be
incorporated its agreement of this chanum er are hourly incorporated herein by this reference. The Seller agrees 0
indemnify and hold the Pontoons harmless tom of casts and damages suffered by the IsmAr sa as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ma din. or cowry this order, or my monies due or to become due hereunder without Use
prior whom commit arches other parry.
10. TITLE.
The Seller warrants full, clear and moestnmed title to die Purchaser for all ry.i,.t. materials, end items Finished
in perfomanu of Nis agreement, free and dos of any and all lien, remotions, reservluma, manly interest
mmummances and claims of others.
The Seller shall relase the Fumhasa and its contactors of any ties from all liability and claims of any rare
resulting fnm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the Party releusnd and shall extend m the
directors, officers and employees ofsuch party.
The Sellers comamad obligation, including wamunry, shall roe be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Pnrchuer.
14. PATENTS.
Wherever no Serer is rsryired to use any design,device, material m process covered by letter, patent trademark
or copyright, the Seller shill indemnify and save hamlass Use Embosser from my and all claims fm infrngemenr,
by mount of Use sae of such patented 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 in pay by reason ofsuch
infringement at any time during the prosecmian or after the completion of the work. In eau said equipment, or
any part thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of
said equipment or part is enjoinnd, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or parts, replace the scone with substantially a sil but
mainfringing equipment, or modify it as it becomes maturing.,
IS. INSOLVENCY.
If the Seller Shall become insolvent m bmkmps, make an assigmmnt for Use benefit of creditors, appoint a
miniver or trust a for any of the Seller property or business, this odes may fonhwida be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definition ofterms used or the interpretation of the agreement and Use rights ofell parties hereunder shall be
construed under and governed by the laws ofNe State of Colorado, USA,
The following Additional Conditions apply only in cases where the Sella is a perform work hereunder,
including the Services of Sellers Reprexnntivat), m the pmnisa of.thers.
17. SELLERS RESPONSIBILITY.
The Seller shall arty an said work at Seller's own risk amid the some is fully completed and accepted, sad shall,
in case of my incident distinction or injury to the and, andlor mztenzls bet Sellers foal completion shad
mceponce, complete the wok ar Sellers own experts, and to the satisfaction of the Pwchaur. When materials
and cgripmrnm are famished by when far installation or auction by 6e Seller, the Sella shall receive, unload,
store and handle same at the site and became responsible Nestor as though such moatewk and/or equipment
were being Erosion] by the Seller under the order.
18. INSURANCE.
The Seller Shall, or his own expense, provide for the Payment of workers compensation, including occupational
dueau benefits, m its employees employed on or in contraction with the work covered by this punhau order,
andrm to their dependents In maNance with Use IS.S of the sate in which the wok is to b , dame. The, Sella
shall du arty comprehensive pound liability including, but not limited to, conhacnW and automobile public
hadoiliry insurance with bodily injury arW d®W limits of at least E300,000 for my tax persons. S500.000 for my
one accident end property damage limit per accident of S,100,000. The Sella Shall likewise ra,um, his
contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his cormanors
employees shall do my work upon the premises of others, the Sella shall fumish the Purchaser with a on ifate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compenation and instance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the entire reipornibilo r and liability for my and all damage, loss or injury army kind
r more whosmver to persons or pmpmy caused by in resulting from the execution ofthe wok provided for in
this puns ice, under ar in comencum herewith The Sellex will hdemnify and hold heatless fie Purchases and my
or all of the Producers officers, agents cad employees firm and against my and all chums, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons ar paperty m which the Purchase may
be put or subject by reason of my rot, action, neglect, omission or default on due part of fie Sella, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In am my suit or other
proceedings shall be brought against the Purchoer, or its officers, agents or employces at any time on account or
by reason of my sc4 action, radial, omission or defnilt of the Sella of my of his combustion or my of is or
their officers, agents or employees as 4fiammid, the Seller hereby agora to assume the defense thereof and 0
defend the same at Use Sellers own expose, to pay my and all costs, charges, s tionni fees and other expenses,
my and all judgments that may ba incurred by m obtained against the Purchases or my of its or their officers,
agents or employers in such suits or other praesdar" and in case judgment or arguer It. be placed upon or
obtamal again, the property ofthe Pumhnsa, or said paria in or m a result of such suit; m oNr proceedings,
the Sella will car ono cause the rime to be dissolved and discharged by Irving band or otherwise. Ther Seller sad
his contractors shall take all Safety precautions, furnish and in ill all mail necessary for Use ruination of
accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the
Occupational Safety and Haled Act of 1970 and all roles and regulation issued pursuant thereto.
Revised 07R014