HomeMy WebLinkAbout342049 WIDNER MICHOW & COX LLP - PURCHASE ORDER - 9150328PO
PURCHASE ORDER 915032er Page
CI�/ of PURCHASE
50328 + of z
' `t Collins( n all invoices,
must appear
F6r` v �7 on all invoices, packing
�slips and labels.
Date: 01/14/2015
Vendor: 342049
WIDNER MICHOW & COX LLP
13133 E ARAPAHOE RD SUITE 100
CENTENNIAL CO 80112
Ship To: COMMUNITY DEV & NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Hearing Officer fees
1 LOT LS
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.
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
10,000.00
Total $10,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By income the City of Fan Collins is exempt from sum and lacal taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption ComiGcme of Registry RI-6000587 is registered with the Collector of
Failure of the Pmc to insist upon strip performance of the terms and conditions hermf, failure or delay to
Internal Revenue, Di ever, Colorado (Ref. Colorado Revised Stamcs 1973. Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a
breach, the mttptame ofm payment fro goods hereunder or approval office design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due b failure to men specifications, either whm shipped or due on, defects of
my of the wanentics or obligations of this purchase order and shall rat be droned a waiver of any right of the
Manage in mansh may h retemed m you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon shirt perfoammre hereof., my of its rights orma edies as to any such goods, regardless
b¢buctions from the City affect Collins.
of when shipped, received or accepted, as b my prior in subsequent default hereunder, nor shall my purported
am] modification or rescission .f Nis purchase order by the Puchaser operate as a waiver of my of the terms
Impcation. GOODS we subject an the City attract Collins inspection oa Vivid.
hreof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized papnmt on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognlae that to robot ec is pmetitt, avecharges resulting Gam cmirmnl
ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures.
violations are in fact home by the Purchaser. Theremfom �forr good cause and as consideration for tvauting this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now haw or hereafter
Freight Tents. Shipments must be F.O.G., City of Fon Collins, 200 Wood Se, Fun Collins, CO 80522, unless
required under federal or sure amitmst laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Ifpcomition is given to prepay freight and charge separably, the original freight
purchased or acquired by the Purchaser pmsuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Discover. Where manufacturers have distributing points in ormus pans of the amerry, shipment is
expected from the nearest distribution point to defiantion, and excess fright will he deducted him Invoice whm
shipments are made from greater distance.
Permits. Sella shall O.me at sellers sole coal all necessary permits, ttnificates and license required by all
applicable laws, regulations, ordinances and Iles of the state, mmicipality, btritory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella fuller agrees in held the City of Fon Collins hamdes fmm all against all liability and loss
nmcml by them by reason of an assert d or csublished violation of my such laws, regulations, ordinances, roles
and requirements.
Authoreation. All parties to this contract agree that the representative are, in fact, bona fide and possess full and
complete authority in bind said parties -
LIMITATION OF TERMS. This Purchase Order expmssly limits fir,marc I. the terms and fic dmom soared
herein set doh send any supplemenmry or additional cams and conditions annexed hereto or incorporated herein by
refnunce. Any additional or differenuerm, and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your
promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No rots of the Purchasers including, without
limitation, acceptance of paand late deliveries, shall operate ss a waiver of this provision. In the went of any delay,
the Purchaser shall have, in addition 10 other legal red equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable far damages as a revolt of drays
due to muses not reasonably foreseeable which are beyond its reasonable annual all without its fault ofregligetce,
such rats of Gad, cots of civil or military authorities, Resentments] priorities, fires, strikes, Bond epidemics, wars of
does provided that n.,am of the conditions ausing cash delay is given to the Purchaser within five (5) daY, of the
time when the Seller first received knowledge theemf. In the event of my such delay, the date of delivery shall be
ex,mded forme period cowl m the into arsmily lost by reason .film delay.
3. WARRANTY.
The Seller warnms that all goods, articles, materials and work covered by this order will mnfomr with applicable
drawings, specifications, samples andsar other descriptions given, will M fit for the purposes intended, and
performed with the highest degree of care end competence in accordance with accepted standards for work of a
imilar nanrc. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the 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 as may be 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 (acceptance not to be unreasonably delayed), miching from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall no,
institute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages ponderously caused by the breach of my of the Manor, warrdntle
or guoantees, but such liability shall in no event include lass of proGrs or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purehaser may make change an legal terms by wooden change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes 1. the bran, other than legal tenor, including additions m err deletions firm
Me quantities Valiantly ordered in the specification; or drawings, by verbal or written change order If my sixth
,bar, offers the ..net due or the time ofurrfomunce hereunder, ea equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by women change order, terminate this agreement as to any or all Ponions of the
goods then not shipped, subject to my equitable adjustment between the panics m to my work or instincts then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the -completed
proton of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations a to any gobs delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assmed within thirty (30) days from Ore date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants Char all goods sold hereunder shall have been produced, sold, delivered and fmished in strict
comphance with all applicable laws and regulations to which the goods are subject The Seller shall execute end
deliver such documents m may be required to effat or evidence compliance. All Irws and mplatons required to be
incorporated in agreemenu of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damage suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neirher party shall assign, transfer, or convey this order, army manias due or m became due hereunder, without the
prior wriaen commit arrive other parry.
10. TITLE.
The Sel let warrants full, clear and constricted title to the Purchaser for all equipment, criminals, and items furnished
in performance of this agreement, free and clear of any and all liens restrictions, reservations, security interest
encumbrances and claims of mown.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct no vand rming or defective goods by a date m be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicate its inability or unwillingness to comply, the Purchaser
may cmsee the work to be, performed by the most expeditious memo available to it and the Seller shall pay all
cosh associarm with such work.
The Sella shall release the Purchaser all its contractos of -y tier from all Imbilay and claims of my rutme
resulting from the pwformmtt adsorb work.
This release shall apply wen in red evmd of fault of negligence of the pray reltased and shall extend no the
directors, omcers and employees of such patty.
The Settees contractual obligations, including warranty, shall not he rimmed to be recover, in my way, because
such work is pamricrd or caused m be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
copyright. the Seller shall indemnify and save harmless the Purchaser from any 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 any time during the prosecution or after the completion of the work. In case said quipment, or
any pan thereof or the intended sew of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its opfion, either procure for the
Purchaser the right In warm- using said aluiprtenl or pans, replace the some with substantially equal but
naninfringing equipment or modify it so it becomes noninGngm,.
15. INSOLVENCY.
If the Sella shall become insolvent m bankrupt, make an assignment far the benefit of creditors, appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of Jeans used or toe interpretation ofdw agreement and the fights of all parties hereunder shall be
convicted 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,
including the services of Sellers Representative(e), on the premise ofoa ers.
IZ 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 any accident, destruction a, injury to the work amVar materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the pardoner. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same in the site and become responsible therefor as though such materials andlor ryuipmrnt
were taring f ish l bythe Sella under the order.
18. INSURANCE.
The Sella shall, at his awn expertise, provide lam the paymmt of workers compensation, including occupational
dsesse benefits, to its employees employed an or in fin anre ion with the wank covered by this parobase ordl
andlar to their dependents in accordance with the laws of the state in which the wodt is to be done. The Sella
shall also rani comprehensive general liability including but not limited to, comtacnul and automobile public
liability insurance with bodily injury and death limits of at least S30Q000 for my me person. S50'J,o00 for any
one accident and property damage limit per accident of S,100,000. The Seller shall likewise require his
commences, Bony, to provide finsuch compensation and insurance. Refom my of the Sellers m bis conuamors
employees shall do my work upon the premises of others, the Sella shall furnish the Purchaserwith u certificate
that such compensation and insurano, have ban provided. Such eenificates am[] specify the date when such
compensation and insurance have been provided. Such cenifirran shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the
entire work is completed and accepted
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and at I damage, loss m injury of any kind
or nature whauoever to persons or proper 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 harmles the Purchaser and any
or all of she Purchaers soldiers, agent and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct m indirect, and whether la persam or Property to which the Puthasa may
be put or subject by rtasm of my act, nation, neg]ats omission or default on the pan of the Seller, my of his
wnutios, or my or the Sellers or contractors offices. agents or emplay.. In case my .it or other
proceedings shall be brought ape= she Purchaser, or its offirm, agents or employees at my time on account or
by reason of my art, action, neglect, omissim a, default of the Sella of my of his cam.. a, my of its or
Mae effects. agents nr employees as afarearid, the Sella hereby agree to assume the defense therm, and m
defend she same in the Sellers own expense, to soy my and all costs, charges, atromeys fees and ocher experes,
my and all judgments tha, may be mcu d by m obtained against the Purchaser on my of its or their officers,
agents m employee in such suits or other poceedings, and in case judgmms m other him be placed upon or
obtained against the property of rite Purchaser, or said panic in or m a result ofsuch suits or other proceedings,
Me Seller will at once come the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his convectors shall take all safety precoutions, famish and install all gored 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 all roles and regulations issued pursuant therelo.
Revised 071 014