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HomeMy WebLinkAbout103583 COLORADO MUNICIPAL LEAGUE - PURCHASE ORDER - 9150185Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 103583 COLORADO MUNICIPAL LEAGUE 1144 SHERMAN ST DENVER CO 802032207 PO Number Page 9150185 1012 This number must appear on all invoices, packing ell sand labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Membership Renewal 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 75,864.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sure and local taxes. Our Exemption Number is 11 NONWAIVER. 98,M502. Federal Excise Tax Exemption Ceroficzm of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria perfomance of the corms and conditions hercof failure or delay to Internal Reweave, Comm, Colorado (Red Colorado Rev seed Shames 1973, Chapter 39-26. Ili (a). exercise any rights or remedies provided herein or by law, failure to prtamtly notify the Sella in the event of a breach, the mupunce efor payment for goods hereunder or approval affirm design, shill not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either wfim shipped or due ao defects of any of the wammube or obligations of this purchase order and shall nor b<deemed a waiver of any tight of the damage in transit, may h reuaned re you for credit and are for to be replaced except upon receipr of wriren purchaser to insist upon strict performance herenf or my of ire rights or remedies as to any such goods, regardless hour, ons from the Gry of Fort Collins. of when shipped, received or accepter as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this pmhase order by the Purchaser operate m a waiver of any of the terms Inspection. GOODS arc subject to the City ofFin Collins inspection on anival. heeof. Final Acceptance. Receipt of the merchandise. wrovicet or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS . men authond payment on the pan of the City of Fort Collins. However, it is to be understood NFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust nfor tgood ACCEPTANCE is dependent upon completion ofall applicable required Inspection procedures. violations am in fact boom by the Purchaser. Theretofore, 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 Freight Terms. Shipments must be F 0B., City of Fort Collins, 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or more mtitmst laws for such overcharges relating to the particular goods 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 must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disttiburingpain¢ in various parts of me compy,, shipment is If the Purchaser directs the Seller w cancer nonconforming or defective goods by a date to be agreN upon by the expected from the nearest distribution point to des ismory and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or woof lingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the mart e.pedidom means available to it and the Seller shall pay all visas acmciared with such work. Permit. Seller shall procure at sellers are cast all necessary permit, certificates and licenses required by all appliesda laws, ,hit... endurances and rules of the sure, mwicipahty, mrriwy or political subdivision where the work is performed, or required by my other duly wnstimted public authority having judsdinion over the work of vendor. Seller fuller affect w hold Ne City of Fort Collins hamdeas from and against all liability, and loss incurred by them by reams of m asserted or established violation of my such laws, regulations, ordinances, rules and requirement. Authoritarian, All panic to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind mid ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions srated herein set forth and my supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different rams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot malte complem shipment to amve w your promised delivery date as noted. Time is of fe essence. Delivery and performance must be effected within the time stated on the purchase order and fie documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, sM1WI operate as a waiver of this Drovizion. In Ne event of any delay, fie Purchaser shall have, in addition to other legal and equitable remedics, the option ofplating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable cunvol and without its fault of negligence. such aces of Goy aces of civil or military authorities, govemmmtil priorities, fires, strikes, flood epidemics, wars or rims provided that notice of the conditions taming such delay is given to fie Punchaur uifin five (5) days of the time when the Seller firm received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wraants that all goods, arocles, materials 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 with accepted mandards for work of a -similar nature. The Seller agrees to hold the purchaser handless from my loss, damage or expense which fie Purchaser may suffer or incur on account of the Sellers breach of wammry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising sin fin one (1) year or within such longer period of lime as may be pmcnbed by law or by the terms of any applicable wormy provided by fie Seller afar She date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shill not c mmunt to a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at damages proximately caused by the breach of my of fe foregoing —armies or Simmons, but such liability shall in no event include loss of profits or loss of am NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERNS. The Purchaser may make my changes to fie lame other than legal terms, including additiom to or deletions from the quenuties originally ordered in the specifications or drawings, by verbd or weimm change order. If my such change affects the amount due or fie time ofperformmce hereunder, an this able adjustment slid] be made. 6. TERMINATIONS. The Purchaser may at my time by worsen change order, terminate this agreement as to my or all portions of the goods then not shipped, subject o my quitable adjustment between the parties is to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profit on she uncomplaed portion of the goods and/or work far incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve fie Purchaser or the Seller of my of their obligations as to my g99ds delivered hereunder. a. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, mid, delivered and Finished in mdct compliance with at applicable laws and r,,Wm.m W which the goods arc subject. The Seller shill execute and deliver such dacumm¢ as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreemmts of this charaner are hereby incorpomed herein by this reference. The Seller agrees to indenmify and hold the Purchaser hamdem from all cons and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shill assign, transfer, or mrrvry this order, or my monies due or to became due hereunder without the prior women consent of the other Parry. 10, TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items fumi shed in performmce of this agreement, free rued clear of my and all liens, restrictions, reservations, security interest encumbrances and clams of others. The Sella shill release the Purchaser and as conmaors of my tier town ill liability and claims of any nature moulting from the performance of such work. This release shill apply even in fie event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warary, shall not be deemed to be reduoni. in my way, became such work is performed or caused to IN performed by the Purchaser. Ia. PATENTS. Whenever the Seller is required to use my design, device, material or process wvered by lance. patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the hmended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjobwa the Seller shall, at its own expense and at is option, either procure for the Purchase, the right to cominue using said equipment or parts, replace the mace with substantially qad but noninfinging equipment, or modify it so it becomes anninPonging. 15, INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of cmdams. appoint a receiver or trvstem for my of the Sellers pmpeny or busine%, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and fie rights of all Parties hereunder slid[ be consmred under and timmied by die laws of the State 9f Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothers. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work anchor mounds before Sellers find completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pmchazer. Whe r materials and equipment are fumished by others for installation or erection by the Seller, the Seller Am] receive, tmloay store and handle same at the site and become responsible therefor as though such matends and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmond disease bmefts, to its employees employed on or in connection wit the mark covered by this purchase order. and/or to their depatdea is in accordance with the laws of the sure in which the work is as be done. The Seller shill aim carry comprehensive general liability includin& but not limited to, contracting and maomobdo public liability insurance with bodily injury and death lmus of sa least 1300,000 for my one person, s500.00o for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such conmaomma and insurance. Before my of fie Sellers or his contrarrors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such wmpereation and insurance have been provided. Such certificates shall specify the due when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees Nat such compemauon and insurance shall be maintained until after the entire work is completed cod accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'Ihe Seller hereby msumes Ne more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or 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 Ne Purchaser and my or all of the Purchasers officers, agmu and employees from and against any and ill claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may he par or subject by reason of my act action, neglect, omission or default on the pm of me Seller, my of his cunrrateors, or my of the Sellers o wntracmrs officers, agent or employees. In cow any suit or other proceedings shill be brought almost the Purchaser, or its offices, agent or employees at my time per account or by reason of my act mom, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees an aforesaid, the Seller hereby agrees to assume fie defense theeof and to defend Ore acme at the Sellers own expense, an pay my and all cons, charges. anomrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agent or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Pmchazer, or said parties in or as a result of such sum or other proceedings, the Seller will at once came the same as be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ell rules and regulations issued pursuant therein. Revised 0)2014