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HomeMy WebLinkAbout110816 UTILITY NOTIFICATION CENTER - PURCHASE ORDER - 9150169Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 110816 UTILITY NOTIFICATION CENTER OFCOLORADO 16361 TABLE MOUNTAIN PKWY GOLDEN CO 80403 PO Number Page 9150169 1012 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/09/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Payment of annual membership monthly services, charges and customer items as required during 2015. 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 41,000.00 1,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 680 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfA1LS. Tax coemptions. By stature the City of Fon Collins is exempt from stale and local taxes. Our Exemption Number is 98-NS02. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collss ar of Intense Rbvmue, Denver, Colorado (Ref. Colorado Revised Statures 1978, Chapter 19-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of damage in transit, may be mimed to you for credit and are net to be replaced except upon receipt of women instructions from the City of Fon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authonmd payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon mirnplmen ofall applicable required inspection procedures. Freight Terms. Shipments mast be F.O.B., City of Fell Collins, 700 Wood St, Fan Collins. CO 80522, unless otherwise specified on this order. If pentmeation is given to prepay (eight and charge separably, the original freight bill must accompany trounce. Additional charges for packing will Trot b, accepted. Shipment Distance. Where manufacturers have dindbuting paint in various parts 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 shill procure at sellers sole con ill necessary permits, cenifcatec and licenses ror ad by all applicable laws, regulations, ordinances and mles ofthe male, munidpaliry, temwryor political subdivision where the work is performed, or taunted by any other duly constituted public authmry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reaosaturated of an nor established violation of any such laws, regulations, ordinances, rules and requirements. Authorisation. All parties to this contract agree than the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein sat f rd, and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery daze ca noted. Time is of ace essence. Delivery and performance mien be effected within the time stated on the purchase order and the documents allached herea. No acts of the Purchasers including, without limitation, acceptance of partial laze delivena, shall operate m a waiver of this provision. fa the event of any delay. the Purchaser shill have, in addition a other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sello shall not be liable for damages on 0loser of delays due to causes not «awnably foreseeable which are beyond its reasonable rontral and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental prionties, fires, strikes. Bond epidemics, wars or moral provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller firs received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal a the time initially low by reason of the delay. I. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform will 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 with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wvananry. The Seller shall replace, repair or make good, without cost o rare purchaser, any defects or faults arising within one (I) year or within such longer period of time or may be presented by law or by the terns of my applicable warety provided by the Seller A rer the dale of acceptance of rare goods fumished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or mOtenals fumished by the Seller. AceeptNce or use of good by the Purchaser shill not consumn a waver of coy clam under this wwrwty. Except m otheawise provided in this purchase order, the Sellers liability hereunder shill expand to all damage pronmuely owed by the breach of coy of the foregoing war mate or guarantees. btu such liability shill in no event include loss of profits or lossof me. SO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FrrHESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pormon may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the teens, other them legal trims, including additions to or delcume, from me quantities originally ordered in the specifications or drawings, by verbal or woven change order. If any such change affects the amount due or the time of peofomtNo hereunder, an equitable adjustment shod be made. 6. TERMINATIONS. The Purchaser may at any time by wrimm change order, terminate Nis agreement as to any or all portions of the good then not shipped, subject to any egpilable adjmtmwt between the ponies as to any work or materials then in progress provided that ace Purchaser shall not be liable for any claims for anticipated profits an the =completed potion of the good and/or work, for incidental or conmquenual donaMea, and that no such adjustment be made in favor of the Seiler with respen a any goods which are the Sellers Standard stock. No such termination shall relieve the Purchaser or the Seller of any of their clensplons as a any goads deliveredhereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be awned wihin thirty (80) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with OF applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents u may be occurred on effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incerporaled herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or cause, this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warren full, clear and unrestricted tide to the Purchaser for all equipment matures, and items furnished in performance of this agreement free and dear of any and ill liras, restrictions, reservations, security interest Ncombrancee eel claims in others. 11. NONWAIVER. Failure of the Purehaer to insiw upon artist performance of the terms and conditions hero( failure or delay to CXCFCLSy rights or remedies provided herela in or by w, failure to promptly notify the Seller in the event of a breach, anthe acceptance ofor payment for goods hereunder or approval o the design, shill not release the Seller of my of the wanaaties or obligations of this purchase order and shill not be deemed a waiver of my tight of the purchaser to Insist upon strict performance hereof or my of Its rights or remedies m to my such god, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, not shill my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser occupier that in actual ecnis practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or nine antitrust laws for such overcharges relating to the particular goods or services purchased or acquied by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller an coned nonconforming or defective goods by is date to be agreed upon by the Purchaser and the Seller, and rare Seller thereafrer indicates its inability or unwillingness to comply, the Punctuator may cause the work to be performed by the most expeditious means available to it and the Seller shill pay all costs azeciareat with such work. The Seller shill release the Purchaser and its contractors of any der from all liability and claims of my nature resulting from the performance of such work. This release shill apply even in the event of fault of negligence of the party released and she extend to the directors, Officers and employees of such party. The Seller's contractual obligations, including warranty, shill not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Inter, patent, trademark or copyright, the Seller she indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, matenal or process in connection with the contract, and shall indemni fy the Purchaser for my con, expense or damage which it may be obliged to pay by mason of such infringement at my time during the prosecution or alter the completion of the work. In case land equipment or my put dome e or the intended me of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shill, at its own expense and at its option, either procure for the Purchaser the right to continue using and equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes nonirritating. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or nonce for any of the Sellers tomboy or business, this order may faMwith be canceled by the Purchaser without liability. 16. GOVERNINGLAW. The definitions of terms used or the interpretation of the agreement and the nghn mod panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, nil oiling the services of Sellers Representatives), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall cam on said work in Sellers awn risk we the same is fully completed and accepted, and shill, n case of any accident denmc6on or injury to the work anchor muenns before Seller's final completion and we ptance, complete the work at Seller's own expense and to the satisfaction of the Parchsser. W'hm muenals and equipment are Finished by others for installation or erection by the Seller, the Seller shill receive, unload store and handle same u the site and become responsible therefor as though such numnals and/or equipment were being furnished by the Seller order the order. 18. INSURANCE. The Seller shill, w his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the some in which tie work is to be done. The Seller shall also cam comprehensive general jointly including, but not limited a, mnmectual and automobile public lomahry insurNee with bodily injury Nd death limits of at least E300,000 for any one Person, $500,000 for any one accident and propepropertydamage limit per neither of 5400,000. The Seller shall likewyise require his contractors, if any, to provide for such compensation and Insurance. Before my of ace Sellers or his contractors employees shall do coy work upon the promiacs of others, the Seller shall furnish the Purchaser with a cent&ate that such compensation ward 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 ompensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sessions the more responsibility and liability for any and all dami loss or injury variety kind r nature whatsoever to persons or property ca bed by or resulting fmm the execution of the work provided for in this purchase order or in Ornamental herewith The Seller will indemnify and hold harmless the Purchaser and my or cal of the Purchasers oRcers, agents and employees from and Marra my and all claims, losses, therms . charges or expenses, whether direct or indirect, and whether to persons or prepay, to which the Purchaser may be pm or subject by reason of my act action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In cal my suit or other proceedings shall be brought against he purchase, or its offerers, Ments or employees at coy time an account or by reason of my act action, neglect, mane ion or default of the Seller of my of his contractors or my crier or their officers , agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all mists, charges, werarys fees and other expenses, wy and all judgments that may be incurred by or obtained against ace Purchaser or any of in or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or and parties in or as a result of soch suits or other proceedings, the Seller will at once came the same no be dissolved and discharged by giving band or otherwise The Seller and his contractors shill take all safety precautions, fumish and install at guards nevswc ry for the prevention of accidme, comply with all laws and regulations wish regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rule and regulations issued parliament thereto. Revised 071 014