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HomeMy WebLinkAbout456276 MUNICIPAL CODE CORPORATION - PURCHASE ORDER - 9150673PO PURCHASE ORDER 915067er Page �.'I�/ of PURCHASE 97 50673 t of z ' `t/ OI I I„s This number must appear V {�` 1 1 on all invoices, packing sli s and labels. Date: 01/29/2015 Vendor: 456276 MUNICIPAL CODE CORPORATION PO BOX 2235 TALLAHASSEE FL 32316 Ship To: CITY CLERK CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 01/29/2015 Buyer: PAUL, GERRY Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Est. Codification Serv. 1 LOT LS 30,000.00 2015 Codification 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@fogov.00m 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 cxemptioos. By smtme the City of Fort Collins a exempt fmm state and Neal nixes. Om Exemption Number is It. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmifirme of Registry 84-600058T is registered with the Collector of Failure of the Poindexter m insist upon strict programmer of the terms and conditions hereof, failure m delay no formal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1923, Chapter 39-26, 114 (a), a iser my rights or rmrovided hin pat by law, failure to promptly ratify the fin the event of a breach, the aMMpmww of or payment for goods lummder or approval of the design, shall rot release me Seller of Goods Rejects. GOODS REJECTED due to failure m men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nil In dcemed a waiver of my right of the damage in transit, may b, resumed Ire you for credit and art not to be replaced except upon receipt of writtrn purchaser to insist upon strict pMotmmer hereof or my of its rights or remedies m 10 my such goads, regardless instructions fmm the City offon Collins. of when shipped, received m accepted, as to my prior or subsequent default hereunder, nor shall my pnryoned oral modification or rescission of this puremon or by the Purchaser opemte in a waiver of any of the tams Inspection. GOODS are submit to the City ofFort Collins irepectirn on arrival, hemof. Final Acceptance. Receipt of the merchandise, services M equipmem in reapome m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fell Collins. However, it is to be andmoural that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact boom by the Purchaser. Ther itnfore, far good cause and as cemidminuin for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mast be F.O.B., City of Fort Collins, lal Wood St, Fort Collins, CO 80522, unless acquired under federal or sate antitrust taws for such overcharges riming to the particular goods or services otherwise specific] on this order. If permission is given to prepay frrigln and charge mpamtaly, the miglml freight purchased or acquired by the Pmchmer purse rm 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 manufmlume, have distribming points in various port of the country, shipment is If the Purchaser d'uccu the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the expected from the Mires, distribution in, 10 demimutlon, and excess freight will br deducted fmm Invoice when purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingnessm comply, the Purchaser shipments are m or from greater disurrce. my cause the work to be perfoemed by the most expeditious means available to it, and the Seller shell pay all Mal assauted with such work. Permits. Seller shall procure an sellers sole cast all meessary permits, c nificates what Items¢ reqdred by all applicable laws, woulmimts, wi inanr,r and ales of the sure, municipality, territory or poluicel subdivision whence the work is perfotios, in required by my other duly Marshalled public authority having jurisdiction over me work of vendor. Seller fuller agrees 10 hold the City of Fiat Collins harmless firm all agaim, all liability all loss incurred by them by mamn of an asserted or oablebed violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All patties to this contract agree that the represenutives are, in fact, bona fide and possess full and complete authority of bind said pries. LIMHAI DON OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Rob and any mpplem atury or additional terms and conditions annexed herein or incorporated herein by reforencc. Any additional or different terms and conditions proposed by seller art objected to and hereby fe tried. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is ref the vision. Delivery and performance must be elfecud wihin the lime stated on the purchase order and the documents attached hercos. No uses of the Purchasers including, without limitation, acceptance apartial late deliveries, shall oproo a as a waiver of this provision. In the even) of my delay, the Purchaser shall have, in addition Ire in, legal all equitable remsies, the option ofplacing His .,it,, elsewhere and holding He Seller liable for damages. However, the Seller shall nit be liable for discharges as a result of delays due an causes not mawmbly fic.able which are beyond its eawuabte control and without its fault of negligmce, such acts of God, aces of civil or military anthonties, govemmrnmal pull fins, strikes, Rood, epidemies, wars or riots provided that notice of the conditions nosing such delay is given to the Purchaser within five (5) days of the time when the Seller fins eaeived knowledge Hereof. In the event of my such delay, the time of delivery shall be extended for He period argues] 1n the time acmelly lost by reason of the delay. 3. WARRANTY. The Seller wottants That all goads, amides, materials and work covers by this order will conform with applicable drawings, specifications, samples cadtrr other descriptions given, will In 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 10 held the perelsom harmless from any lass, damage M expense which the Pumhaser may suffer or incur on account ofHe Sellers breach of wmranty.'I he Seller shall replace, repair or make good, without at 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 umvso nnably delayed), resulting Gam imperfect or defective work done or materials famished by me Seller. Acceptance M use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warrmties or Summers, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Far Purchaser may male changes to legal teats by wormin change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the term, other than legal mow, including additions to or deletions fmm me gmmitica originally ordered in the specifications or drawings, by well or out change order. If any such change affects the amount due or He time oftwrfemmmce heremder, an equitable w1justment shall be made. &TERMINATIONS. The Purchaser may at any time by written change order, terminate ibis agreement an, to my or all portion; of the ,ends tben nth shipped, subject to any qunable adjustment berwcen the parties as to say work or mmenals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the goods andfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wllh respaua any goods which are the Sellers standad stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss be, assmed within thirty (30) days floor the date the change w termiNliren is ordered. 8. COMPLIANCE WITH LAW. The Seller wammts that all goods sold laminator shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations an which He goods are subject. The Seller shall execvm and deliver such documents as may be required an effect m evidence mmplmarec. All on, all moderinre required an be incorporated in agreements of this character are hereby imrryorated herein by this refso uce. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffereat by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tarefer, or convey this order, or any monies due or to become due hereunder without he prior written cement of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipment, materials, and items fumished in performance of this agreement, free and clear of any and all liens, mon'tiom, reservations, security interest Mncumbmnces and claims ofmthers. The Seller shall ml. the Purchaser and its conlrrow, of any no fmm all liability cost chines of any nature resulting from the prefetmancc of such work. This release shall apply even in the even, of feuh of negligence of the pray reltass end shall extend m the directors. officers coed employers mf such parry. The Seller's commchad obligations, including warranty, shall not be deems to be reduced, in any way, because such work is performed or caned to be pemimmed by the Purchaser. 14. PATENTS. Wbrnever the Seller is required muse any design, device, material or panics covered by lever, patent, nadetnark or copyright, the Seller shall indemnify and save harmless the Purchases 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 tnay be obliged to pay by reason of tech infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the influents use of the goods, is in such suit held to cemtitute dnfdngemenl and the use of said equipment or pm is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue arming said equipment or pars, replace the same with substantially equal but noninfringing equipment, of modify it m it becomes noninfringing. 15. INSOLVENCY. If me Seller shall become insolvent or bmA pt, make an assignment for the benefit of creditors, appoint a 01 lrmxfee for my of He Sellers property M bresieess. this order may forthwith be avceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tears used or the interpretation ofthe alinement and the rights of all parries hereunder shall be consoued under and governed by the laws coffin Sate of Colomdv, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rxpres nonce s), on the premises ofothers I2. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in can of any accident, destruction or injury to the work sugar materials before Sellers final completion and acceptance, complete the work at Sellers two Milliner, and to the satisfaction of the Penthouse. When mmmals and equipment am famished by others for installation or erection by the Sella, the Seller shall receive, unload, ,tort end handle sac a at the site and become tespoosible therefor m though such materials mdbr equipment were being fumished by the Seller under the model. 18. INSURANCE. The Seller shall, at her own expense, provide f me premed of workers compensation, including ocenpational disease benefice, .. ice employees employed on or in rormrmion aid, the work covered by this purchase under, anger to their dependents in accordance with He laws of me sole in which the work is to be done The Seller shall also arty, comp chromive general liability including, but not limited to, commenal and mtamobile public liability insurance with bodily injury ford dmH limits of at least S300,000 for my one person, 5500,000 for any one accident and pmpary damage limit per accident of SmOdanto. The Seller shall likew¢e require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f mish He Purchaser with a anificate that such compensation and insurance have been provided Such emificates shall specify the dam when such ompernmion and insurance have been provided. Such ernific into shall specify He date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil icy for any and all damage, his 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 coder or in connection herewith. The Seller will indemnify and hold harmless the Prominent and my r all of the Purchasers officers, agents and employees fmm and ati i at any and all claims, losses, damages, charges or expenses, whether, dine, or indirect, and whether to Fromm M propmy 10 which the Purchaser may In put or subject by Mason of my act, action, heglat, omission or default on the pan of me Seiler, my of his contractors, or my of the Sellers or contractors officers, agents in employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my mL morn, mplaq omission or default of the Seller of my of his comeamars or my of its m their officers, agents in employees as aforesaid, the Seller hereby agrees to assume the defense thermf and to defend me same a1 me Sellers own expense, to pay any and all coos, charges, attorneys f and othcn expenses, My and all judgments mat may be incurred by m aluuins against the Purchaser or my of its m their oRcers, agence or employees in such min or other proceedings, and in can, judgment or refer lien be Plans upon or obtained against the properly of me Pmchrow, or said parties in or as a result ofsuch suits in other pmcesings, the Seller will at ore coma the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety Precautions, furnish and install all gurds revelatory for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1920 and all ales and oplatiom issued pursuant merem. Revised O7MI4