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HomeMy WebLinkAbout116940 BLOOMBERG L P - PURCHASE ORDER - 9150345 (2)PURCHASE PURCHASE PO Page ORDER C117f of 9150345 1 of z 9150345 of Ins This number must appear ` V ` on all invoices, packing ' `t( sli s and labels. Date: 01/15/2015 Vendor: 116940 Ship To: SALES TAX BLOOMBERG L P CITY OF FORT COLLINS 499 PARK AVE 9TH FLOOR 215 N MASON, 2ND FLOOR NEW YORK NY 10022-1240 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 z BLANKET PO FOR 2015 1 LOT EA 24,000.00 INVESTMENT SERVICES REVISED PER L.SAMUELSON EMAIL DATED 1/15/14. -ECB 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 1. COMMERCIALDETAILS. Tax exemptions. By stamte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excp Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado Ref. Colorado Rrvised Stacks, 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, Fannie to promptly ratify the Seller in the event of a breach. be acceptance offer payment for god hereunder or approval ofsbe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet spoifmtions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall but be deemed a waiver of any eight of the damage in about, may be returned to you for credit and are not to be, replaced except upon receipt of written purchaser to insist upon strict paramount hereof or any of its fights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this prombsse mule( by the Purchaser opeamke as a waiver of any of be berms Inspection. GOODS are subject to the City of Fort Collins inspection on wood. hereof. Fired Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. w horisied payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recogn¢e that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rryoreal inspection procedures, violations are infest borne by the Panama. Theretofore, for good Came, and as consideration for exeating this purchase order, the Seller hereby assigns to the Patchsser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O B., City of Fan Collins, 7W Wood St, Fon Collins, CO 80522, unless acquired under federel or sure antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpermisocar is from to prepay freight and charge separately, the original Freight purchased or acquired by the Purchaser purmanuo this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. have distributing points inCarbon pvts Country. shipment ShipmentInstance.thee.Wheremunution PurthsseteSell the Seller me gor defeniyegoodbyadate to beegrte'e upon dof eoe when expected fmm the neatest coins m destination, and excess freight will be dNuded from Invoice when Poi Purchaser its inability or unwillingness to comply, the PmchaseI Pure Sellers and the Seller, and the Sellery natter distn shipments we made fmm greater distance. the most expeditious may cause the work to be performed by the most expeJitious means available to it, and she Seller shall pay al may came cosh associated with such work. Permits. Seller shall procure sellers sole cost all n permits, rertifotes and licenses required all rd sure, municipality, temtory or political where applicable laws, regulationse ordinances and rules myna over thwork The Seller shall cease the Purchaser and its ontmnors of any tier form all liability and claims of any worm Lion by any other duly pled public authority having junsdinion over the work the work is performed, or min resulting from the performance of such work. Too and against nl liability loss green t Too Collins harmless vendor Seller farther agrees a hold she City such l es, them by reason of on asserteJ or established violation of any such laws, regulations, ordinances, rules in road li This release shall apply wen in the went of fault of negligence of Ue party released orb shall extend to the re and requirements. diCrcoq officers and employers afsuch pony. Authofination. All parties to this contract agree but 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 accepenm to the at. orJ conditions staled herein set forth and any supplementary or additional terms and conditions annexed hereto or incompomted herein by reference. Any additional or different terms and ambitions Imposed by idler sre objected to and herebyrejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make omplete shipment ra arrive on your promised delivery, date as noted. Time is of the esseae. Delivery and performance mast be effected within the time stated on the purchase order and the doaments attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate of a waiver of this provision. In the event army delay, she Pur.hose"bal I have, in addition to other legal and equiable mumb,,, the 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 reawwbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, au ofcivil or military amhofifies, governmental priorities, fires, strikes, Rood, epidemics, wars or fiats provided that notice of the conditions 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, the date of delivery shall be, exrenJed far the period equal to the time family lost by reason affair delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will mignon with applicable drawings, specifiewimu, samples andor other descriptions given, will be ❑t for the purposes intended, and Fabricated with the highest degree of Care and competence in accordance with accepted sandard for work of a similar oatce. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may supper or barren account of lM1e Sellers breach of warranty. The Seller shall Cellars, repairer 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 of by the isms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be umessonably delayed), resulting from imperfect of defective work done or materials furnished by the Seller Acceptance or use of goad by be Purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers hi bil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wi mares or guarantees, but such liability shall in an went include loss ofprofits or loss 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 to. by writen change auto. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifra(nns or drawings, by verbal or written Change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERM NATION& The Purchaser may at any time by wnnm change order, terminate this agreement as to any or all portions of fie goods then not shipped, subject to any equitable adjusment between the parties as to any work or .'Costs then in progress provided that the Purchaser skill not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect m any goad which are the Sellers mandrel stock. No such termiwtion shall relieve the Purchaser or the Seller fany ofNeir obligations to to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for ispro men, must be, assured within rainy (30) days from the dam the change or harmonic- is Coolant. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which be goods are subject The Seller stall execute and deliver such documents as may Ist mryireJ to effect or evidence compliance. All laws and regulations r squired to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all costs and damages suffered by the Purchaser as a result of the Sellers failue o comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, Or convey this order, or any monies due or to become due hereunder without the prior wnum consent of the other party. 10. TITLE. The Sellerwarmnts fbl, clear and unrestricted fide as the Puchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbmoces and claims fothers. The Sellers Commcnttal obligations, including warranty, shall not be deemed to be reduced, is any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENS. Wh ., the Seller is required to use any design, device, marenal or prey. covered by letter, parent, trademark or copyrigh4 the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for inGngement by reason of the use of such patented design, device, material or process in connection win the Contract, and shall indemnify the purchaser for any cost, experom or damage which if may be obliged to Pay by reason of such infringement 0 cony rime during the prosecution or after be completion of the work. In Case said equipment, or any hart thetwf or be intended use of the good, is in such suit held o onstitute infringement and the use 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 te, Continue using said equipment or pans, replace the same with substantially equal but rwninfiinging equipment, or modify it so it becomes ooninfringing. 15. INSOLVENCY. If the Seller shall become insolvent err bankrupt, make an assignment for the beneN of acdimrs, appoint u receiver or brown, for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and The rights of all parties hereunder shall be Comtmed order and governed by the laws eftM1e State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to per[ work hereunder, including the smrvica of Sellers Reprcsenative(s), on the premises ofothers. IZ SELLERS RESPONSIBILITY. The Seller shall carry, on said work or Sellers own risk until the ,ante is fully Completed it acrptW, and shall, Case of any accident, destruction err injury to be work motor mareria6 before Sellers final Completion and acceptant, Complete the work m Sellers own expena and to the intention. of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload, sere aml handle Come at the site and become responsible therefor as though such Contends wpor equipment were being( fished by the Seller maker the order. 18. INSURANCE. The Seller shall, vat his awn 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 ptuchen, order, andler o their dependents in accordance with the laws artist state in which the work is to be done. The Seller shall also carry Comprehensive general liability including• but root limited to, contraction and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $506,W0 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such Compassion and ireumrte, Before any of the Sellers or his coatudon employees shall do any work upon be premises of others, the Seller shall Barbuda be Purchaser with a certificate that such compensation and insurance have been provided. Such cenifiwms shall specify the date when such compensation and itaumnce base been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such Compensation and insumber shall be maintained until once the entire work is complaint and accepsed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury ofany, kind or nature whimu ever to persons or property caused by or resulting from the execution offae work provided for in this purchase order .,,a commelion herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Pucrs M1sseofficers, agents and employees firm aced and all against any aall claims, lasses , damages, charges or expenses, whether direct or indirect, and whether to persons or pmperry to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ontracmrs, or any of the Sellers or contractors oBlcrn, agena or employes. 1. ruse any suit or ther proceedings shall be bought against the Purchaser, or its officers, agents or employees at any dust on aount or by Crown of any act, action, neglect, omission or default of fair Seller of my of his contractors or my of its or mbar officers, agents or employees w aforesaid, the Seller hereby agrees to assume the defense Hereof and to defend the same at the Sellers own expense, o pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or mounted spinsl the Puchaset or a, of its or their officers, agents or employees in such suits or other proceedings, and in mu judgment or other lien be placed upon in obtained against the property of be Pm<huer, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the Come to be dissolved and discharged by giving bond or ofaembir. The Seller and his contractors shall take all safety precautions, health and instal all guards necessary for the prevention of accidents, comply win all laws and regulations with regaul to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all metes end reguaions usual pursuant hereto. Revised 07I2014