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HomeMy WebLinkAbout249989 UNIQUE MANAGEMENT SERVICES INC - PURCHASE ORDER - 3215137Fort of Date: 01/09/2015 PURCHASE ORDER Vendor: 249989 UNIQUE MANAGEMENT SERVICES INC PO BOX 1524 JEFFERSONVILLE IN 47131-1524 PO Number I Page 474C447 tof2 s number must appear all invoices, packing Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 1 Delivery Date: 01/09/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price 2015 ANNUAL ORDER FOR 1 LOT LS 35,000.00 GOODS & SERVICES 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.mm 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. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fan Collins u exempt fur state and goal taxes Our Exemption Norman 98-04502. Federal Excise Tax Exemption Confirm, of Registry 84-6000587 is registered with the Calhoun, of Intemtil Revenue, Denver, Colorado (Ref. Colorado Revised Starting 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or race to defects of damage in transit, may be rimmed to you fur credit and are not to ha replaced except upon receipt of wnmrn intimations from the City of Pon Collins. Inspection. GOODS me subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or egat,., in response to this order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be undersmod that FINAL ACCEPTANCE is dependent upon compleion of all applicable requiml impaction procedures. Freight Tents. Shipments most be, F.O.B., City of Fan Collins, 200 Wood St., Fan Collins, CO $0522, unless otherwise specified on this order. If,wounian is given in prepay Enright ad charge separately, the original freight bill most accompany invoice. Arbitiovl charges for packing will not ha accepted. Shipment Distance. Where manufacturers have distributing Ginn in varings, Was of the country, shipment is expected firm the m rat distribution point to sanitarian, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cenificmn and licenses spiral by all applicable laws, regulations, ordinances and rules Of the state, municipality, territory or aliucal subdivision where the work is Performed, or romirod by any other duly constituted public authority having jurisdiction over the work of vrndo,. Sena, further agrees to hold the City of Fan Collins harmless from and again all Lability and lass tamed by mein by reason of an assured or established violation of any such laws, regulation, ordinances, roles and requirements. Authorization. All panic to this contract agree that the r=remna,ives are, in fact, bare fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the B. and edition stated herein set forth and any supplementary or additional terse and condition wrexed hereto or incorporated herein by sentence. Any dditional or different lemu and condition propped by seller are objoted to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he a@cted within the time stated on the purchase oMer and the documrn attached hereto. No acts of the Purchasers including, without initiation, acceptance of partial late deliveries, shall operate in a waiver ofthis 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. However, the Seller shall not ha liable for damages in a result of delays due to carries not maxa oably foreseeable which are beyond its mosoreble control and without in fault of negligence, such acts afford, ace of civil or military authorities, govemmennl priorities, fires, strikes, flood, =idmies, wars or fiats Provided that notire of the condition caning such delay, is given to the Purchaser within five (5) days of the time when the Seller but received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by tenon ofthe delay. 3. WARRANTY. The Seller warrants roar all good, aniclo, materiah and work covered by this order will cant with applicable drawings, specification, samples =Nor other descriptions given, will be fit for the purposo imeded, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar more. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which be Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time in may be pmenbed by law or by the terms of any applicable warranty provided by the Seller after the dare of acceptance of the good finished hereunder (acceptance not to be meamnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not ..fears a waiver of any claim under this warounry. Except ss otherwise provided in this purchase order, the Sellers liability hereuder shall extend to all damages proximately caused by the breach of any of the foregoing —has or guaranrtts, but such liability &ball in no event include loss of profits or Ins 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 arms by wrnen change oMer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make any changes to the mars, afar than legal terms, including additions to or deledions from the quantities originally ordered in the maifcatium or drawings, by verbal or written change order If any such change aRects the amount due or the time of perthrmance hereunder, an yuitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this apartment as to any or all pardon of me goods then oat shipped, subject to any equitable adj utmem b=vem the parties as to any wok or materials then in progress provided that the Purchaser shall and b, liable for any claims for anticipated mfin on the uncompleted portion of the good and/or work, for incidental or.rssequential damages mid that no such edjuumem be made in favor ofthe Seller with respect to any goods which m the Sellers sadaM stork. No such summation shall relieve the Purchaser or the Seller of any aftheir obligation an to any good delivemd hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjntmmt mast be asserted within thin (30) days from the date the change or termination is and red. 8. COMPLIANCE WITH LAW. The Seller ..at, Nat all goods sold h nsunde, shall have been produced, sold, delivered end furnished in sill compliance with all applicable laws and regulatirn to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effec, of evidence complianer. All laws and regulations national to be incorporated in apaccmemn of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and shortages suffered by the Purchaser in a result of the Seller failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, rranfer, or compy this order, or my monies des or no ecome due hcreuder without the prior won" conmat ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all =uipmrnt, materials, ad items famished in performance of this agreement, f and clew of any and all lien, restriction, reservation, security interest encumbrances and claims ofomm. I L NONWAIVER. Failure of the purchaser m miss upon strict pert of the remit and .edition hereof, failure or delay to exercise any rights or comedies provided herein or by law, failure to prmrmtly notify the Seller in the event ofa lmvrhthe acceptance ofor payment for goods hereunder or approval ofthe deign, shall and release the Seller of any of the wamnfes or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hermfor any of is rights or remedies as to any such goods, regardless of when shipped, received or acceptd, as to any prior or subsequent default herearWer, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate ss a waiver of any of the tern, hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogn¢e Nat in actual economic police, amormarga resulting fmm antitrust violation arc in fact home by the Purcbaar. Theremfore, for good cause and as consideration for executing 0ds purchase order, the Seller hereby assigns to the Purchaser any road all claims it may draw, have or Immune, acquired under fedrtat or state =tioust laws for such oveubargas relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this Introd se ord=. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfNe Purchaser directs the Seller to com ert nanconfined, a defective good by is date to be agreed upon by the Pumhaur and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purehnar may cause the work in be performed by the most expeditious means available a it, and the Seller shall pay all costs acsaiated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Pat.— . of such work. This release shall apply even in the event of fault of negligence of me parry released and shall exread to the direaurs, officers and employees of such party. The Seller contractual obligation, including warranty, shall not be domed to be reduced, in any way bating, such work is performed or caused m be performed by rise Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or process covered by leaser, patent, tradenant or copyright, the Seller shall indemnify and save hamles $a Porcbxcer tom my and all claims for infdngment by reason of the use of such Patted design, device, material or process in .=ection with the comma', ad shall indemnify the Purchaser for any and, expense or damage which it may be obliged to pay by reason of soh infringement of any time during the prosecution or aver the completion ofthe work. In case said equipment, or any an thereof or the intended tau of the goods, is in such suit held 10 constitute infringement and the am of said equipment or pan is enjoined, Ne Seller shall, at its own 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 noninfringing equipment, or modify it so it becomes naninftinging. 15. INSOLVENCY. If the Seller shall become inolvmt or baokmpt, make an assignment for the berrcfit of creditors, appoint a magnet Or ranee for any of the Sellers property or bnimss, this order nay faMwith be cameled by the purchaser without liability. 16. GOVERNING LAW. The definition or,. used or fire interpreatim of the agreement and the rights ofail parties heeuader shall be command under and governed by the laws ofthg, Sate ofColomdo, USA. The following Additional Condition apply only in taus where the Sella IS to perform work hereunder, including the services of Sellers RawasenativeDd, oa the premises of others. 12. SELLERS RESPONSIBILITY. Lou Seller shall carry on said work a, Suite, own risk until the same is fully completed and accepted, and shall, in cam of any accident, destruction or injury to the work andor matma6 bet Sellers fire) completion and acceptance, complete the work in Sellers own expert and to the satisfoctian of the purchaser. When materials and cautioned ed an famished by others for insulation or erection by the Seller, the Sella shall receive, unload, pore and handle same at the site and become responsible therefor in though such mate pals and/or aquipmmt were being famished by the Seller under the order. 18. INSURANCE The Seller shall, fit his own expense, provide far the payment of workers compeasolim, including occupational shown, benefits, to in employers employtrl on or in connection with due want covered by this purchase ardeq carom to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller shall also tarty comprehadve general liability including, but nor limited to, contmdual and automobile public lianI by insurance with bodily injury and dram limits of a lent 5300.O0o for any one person. E500.o00 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his antraclors, if any, to provide for such compensation and insurance. Before any of me Sellers or his contractors employees shall do any work upon the premise of others, the Seller shall f ish the Purchaser with a certificate that such compensntion and inurance have been provided. Such renificates shall specify the date when such mpenwtion and iouounce have been Provided. Such certificates shall specify the date when such compensation and announce expires. The Seller agrees that such compensation and insurance shall be maintained until after the =lire work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller beraby assumes the more rtsponibilay and liability for eery sad all damage, barm or injury ofany kind or aeare whatsaver to person in Pm caused by or resulting from the exertion ofthe work Molded forth this purchase order or in coroaficn berewith. The Seller will indemnify and hold hamtlas the Purchaser and any r all of the Purchncrs officers, agents and =players from and against any and all claims, lasso, damages, charges or expenses, whether direct or indirect, and whether to parsons or property to which the Purchaser may be put or subject by reason of any act, action, neglerL omission or default on the pan of the Seller, any of his contrarian, or any of the Sellers or contacrors officm, agents or employees. in case any suit or ,her proceedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or by mason of any act, action, neglect, omission or default of fire Seller of any of his contractors or any offs or their officers, agents or employees in aforesaid, the Seller hereby agrees W asstone the defer thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atmmeys fees and oMer a.,.,, any and all judgment, that tray he ineurmal by in obtained against the Purchaser or any of in or their offices, agents or employees in soh suits in other proceedings, and in case judgment or other lien h placed upon or abtaimud again the ptolzrty of the Purchaser, or said panic in or in a result of such gain or other proceedings, the Seller will in once cause the same to ho dissolved will discharged by giving bond or otherwise. The Seller and his contractors shall at all safety precautiotss, fumnh and infll all guard sensory for the prevention of accidents. comply with all laws and regulation with regard in safety including, but without lintintioo, the Occupation] S.zfery and Health Act of 1970 and all ales end regulation issued pttrstml Nerem. Revised 01R014