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HomeMy WebLinkAbout116940 BLOOMBERG L P - PURCHASE ORDER - 9150345PO PURCHASE ORDER 915034er Page City of PURCHASE 50345 1 of z ' `tCollins( This number must appear V on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 116940 BLOOMBERG L P 499 PARK AVE 9TH FLOOR NEW YORK NY 10022-1240 Ship To: SALES TAX CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: PAUL, GERRY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS REQUIRED BY THE CITY 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 Extended Ordered Price BLANKET PO FOR 2015 1 LOT LS 26,000.0000 26,000.00 INVESTMENT 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 Total 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 statute the City of Fort Collins is exempt fmm state and laal taxes. Oar Exemption Number is 98-04502. Fcdeml Excise Tax Exemption Certificate of Registry 84-6000587 is regimaed with the Collector of Internal Revenue, Denver, Colorado (Ref Colomdo Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of damage in nmeit may be refused to you for credit and are not to be replaced except upon receipt of wdnen Instructions fmm the City critter Collins. Inspection. GOODS are subject to Me City of Fan Collins unification on arrival. Final Acceptance. Receipt of the merchmdise, se sr equipment in response to this order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE w dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fen Collins, unit Woad St., Fan Collins, CO 80522, unless otherwise speci tied on this order. If permission is given to prepay freight and charge separately, the original freight bill most acc marem, invoice. Additional choose, for ockim will not be national. Shipment Distance. Where manufacturers have d¢mibuting points in various parrs of the country, shipment is expected fmm the neatest distribution point to distinction, and excess freight will be doddered fmm Invoice when shipments are madr fmm greater distance. Permits. Shcer shall pmeure at sellers sole cast all ne mry permits, cenificmes and license, required by ell applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where Me work is performed, or required by any other duly constitured public authority having jurisdiction over the work of vendor. Seller fuller agrees at hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an returned or established violation of any such laws, regulations, oodimnca, roles and requirements. Authorization. All parties to this contact agree that the representatives are, in fact, bona fide and possess full and complete mthon y to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acccpoana to the terms and conditions stated herein tit food and any supplementary in additional terms and canditians atmexed hereto in incorporated lamem by reference. Any additional or different terns and conditions proposed by solid arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make campldr shipment to arrive on your promised delivery date a acted. Time is of the rsurce. Delivery and performance most M effected within the time sated on the puahase order and the diamonds attached hereto. No acts of the Puahosrrs including, wihom limitation, acceptance Orleans] late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and egmarble remedies, Jae option of placing 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 reassembly unexcitable which we beyond its mewbable control and without its fault of negligence, such ems of God, acts afrivil or military mal mities, govemmmral pnonties, fires, strfecs, Road, epidemics, wars or riots provided that notice of fie rondirio s causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, she dto of delivery shall he extended for the period equal at the lime anfally for by reason afthe delay. 3. WARRANTY. The Seller wmtanu that all good, articles, materials and work covered by this order will conform with applicable drawings, spaificadons, samples andlor other description, give, will be fit far the puryirms intended, and performed with the highest degree of core and compdence in accordance with excerpted standard for work of a similar metre. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser my suffer or incur on account of the Sellers branch of watrenry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults serving within one (I) year or within such longer period of fime a may be prescribed by law or by the rem¢ of any applicable waraanry provided by the Seller afro the date of incarcerate of the goods fumisbed hereunder (acceptance not in be unreasonably delayed), resulting firm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim coder this warranty, Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamntres, but such liability shall in no event include lass nfpefits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchind may make changes to legal terms by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make coy changes to the terms, Aber Man legal tema, including additions, to or deletions from the quantifies originally ordered in the apttifeations, or drawings by settled no waitron change We, If any such change affects the amount due or the time ofpdforneace hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser msy an any time by written chat, .Neer termlmte this agreement m to any or all pornosof the good then robetween the shipped, subject to any equitable adjustment betwethe Iacono as to any work or materials then N progress provided Mast the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and that an such adjustment b, made in favor cribs Seller with respect to any goods which am the Sellers standard stock. No such temfination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for miustrmnr most be asscned within thins (30) days from the date the change ao nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced sold, delivered and finished in strip compliance with all applicable laws and regulations to which fie goods art subject The Seller shall execute all deliver such documents as may be required to effect in evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby uneconomical herein by this reference. The Seller agrees to indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchase as a mail of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, nsn,fea or conery this order, or any monies due or in became due hrmander without the Prior written consent orate Other l za,. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purebaer for all equipment, materials, and items famished in performance of this agreement f end der of any and all liens, resmictions reurvanions, security interest encumbance, and claims of others. 11. NONWAIVER. Failure of Mrc Purchaser to insist upon strict performance of the temas and conditions hereof, faime in delay to exervise any rights or remedies provided hereon or by law, failure to promptly notify the Sella in the event of a breach. the acceptance Oren payment for goods hereunder or approval ofhhr design, shall not release the Seller of any of the waorentles or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its lights or remrdies as to any such goods, regardless of when shipped, received or accepted, as to any Prior or subsequent default hereunder. mor shall any purported oral arodifiation or rescission of this purchase order by the Purchaser opcmm m a waiver of any of the terms bereaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Prichard recognize that in atual economic practice, overcharges resulting from antitrust violations art in fact Some by the Puahasa. Thereffore, for good cause and a consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ell claims in may tow have or Icrtafta acquired under federal or sure antitrust laws for such ovenderga might, m the Particular goods or services purchmed or ar,are d by the Pradmer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcu the Seller to correct nonconforming or defective good by a date to be agreed upon by ate Puahaar and the Sella, and ate Seller Hereafter indicater in inability in unwillingness to comply, the Purchaser any uuse the work to be performW by the most expeditious mean avmilable ea it, and atr Sella shall Pay all casts associated 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 ate performance of such work. This release shall apply even in the event of fault of negligence of the parry aeleuN and shall extend to the directors, olTcers and employees ofsuch perry. The Selle(e contractual obligalues, including waaom , shall not be deemed to be reduced, in any way, because such work is performed or caused to b, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or process rovetW by loner, patent, trademark or copyright, the Seder 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 any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of We work. In case said equipment, or any you hereof or the InteMed use of the good, IS In such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt make son a dpormm fro the benefit of ctcditors, appoint a aracriver m fume for any of the Sellers property or business, this coder may forthwith be canceled by the Pumhaer without liability. 16. GOVERNING LAW. The definitions of terms dud or fie interpretation of the Worried all the rights of all parties berewder shall b, ...oil under cod govemrat by the axe affair Sate mfCalorndo, USA. The fallowing Additional Conditions apply only in cases whore the Seller is m Perform work haeundm, including the services of Sellers Represetmive(s), oa the premises of others. lu. SELLERS RESPONSIBILITY. The Seller shall carry on aid work at Seller's own risk until the more is fully completed and accepted, all shall, in case of any accident, destruction or injury m the work muVor materials befog Sallels final completion all acceptance, complete the work at Solds own expense and to fie satisfaction of fie Purchaser. When materials and equipment are famished by others for mandating or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishod by the Seller under the maker. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefices, to its employees employed on or in connection with the work covered by this purchase order, surfer to their dependents in accordance with the laws of the state in which fie work is to be done. The Seller shall elm carry comprehensive general liability including. bur not limited m, commcfal and antomobile public Instant, insuance with bodily injury and dad) limits of At least 5300,00) for any one person. 5500,000 for any one accident and property damage limit per accident of 5400,001 The Seller shall likewise recruit, his contractors, if any, to provide for such compensation and insurance. Before any cribs Sellers or his connectors employees shall do any work upon the premises of others, the Seller shall famish the Purchuser with a certificate that such compensation and Insurance have been provided. Such cenificmes shall specify the date when such compensation and assurance have been provided. Such mainframe, shall specify the date when such compensation and insurance expires. The Seller agrees cut such compewriaa all announce shall be maintained until after the entire work is compleed and acceptod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby commus the entire responsibility and liability for any and all damage, loss or injury of any kind or argue whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Solid will indemnify all hold hamdess the Purchaser and any cr all of the Porchssers officers, agents and employees fmm cast agpinst any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether in persons or property, to which toe Purchaser may be put Or subject by mason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by resort of any tit, action, neglect, omission or default of the Seller army of his contractors or any of its or their ofcers, agents or employees as aforesaid, the Sella hereby agora 0 auume the defence thereof and to defend to same at toe Sellers own expense, to pay any and all costs, charges, attorneys, foes and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its 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 pmpeny ofthe Purchaser, or said ponies in or m a result ofsah suits or other proceedings, Me Seller will at once rang the same to M doust aced discharged by giving bond or otherwise, The Solid and his contractors shall take all safety precaution,, famish and install all guard stationary for the prevention of accidents, comply with all laws and regulations with argued to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursunnt thereto. Revised 07n014