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HomeMy WebLinkAbout466613 TRIPOINT DATA - PURCHASE ORDER - 9150674of Fort Collins Date: 0112912015 Vendor: 466613 TRIPOINT DATA 704 KNOLLWOOD CIR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150674 1of2 This number must appear on all invoices, packing sli s and labels. 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. Council Minutes Prep 1 LOT LS 7,000.00 2015 Estimated Services and other contractual services as needed 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: [4r] 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 exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Fat al Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collmtm of Failure of the Purchaser to insist upon stater performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dane, Colorado (Ref. Col..& Revised Sutures 1973, Chapter 39-26, 114 pq) exercise any rights a remedies provided herein or by law, balance to promptly, army the Seller to tae event of a breach, the accepwnce ofm payment for goods hereunder or approval office design, shall net ml. the Seller of Coeds Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the waroodat or obligations of this purchase order and shall can be domed a waver of my right of the damage in transit, may be returned to you for credit end are not to he repbad except upon receipt of wriaen purchaser to insist upon mrin performance hereofor any of its nights or remedies as to any such goods, regardless instructions fora the City of Fort 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 purchase order by the Purchaser operate as a waiver of any of the tests Inpation. GOODS are subject to the City of Fort Collis inspection on arrival, hereof Final Acceptance. Receipt of the merchandise, services or equipment in .pone to this order ran each in 12. ASSIGNMENT OF ANTITRUST CLAIMS. rarmar zN paymrnd on We pan of the City of Two Collins. However, it u to be ardermemi W, FINAL Seller and the Purchuer recognize dam, in actual a is Faactice, o ercharges modurg from it. ACCEPTANCE is dependent upon complaion civil applicable required imitation procedures, violations are in fact home by the Fwchazer. Theretofore, for good cause and as coakfamion for exeeting this purchase order. the Seller hereby assigns to the Purchaer any and all claims it may now have or hereafter Freight Tests. Shipments must be F.O.B., City of Fort Collins, WA Wood Sr, Tom Collins, CO 80522, unless acquired under federal or state antitrust laws far such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight end charge separately, the original freight purchased or acquired by the puritanism pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Durance. Where ranafaeures have distributing paints ar ormus pans of the country, shipment is expected from the awarew distribution Perot to desuwtion, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall practice at sell¢. sale cost all necessary permits, catifmm; and licenses acquired by all applicable laws, regulations, ardinanees and rules arm, sate, municipality, mantory er political subdivision where The work is performed, erratical by any other duly rotational public authority havingjmisdiction over the work of vendor. Seller further agrees co hold the City of Fort Collis harmless from and against all liability and loss imumN by than by reason of an asserted or established violation of any such laws, optimism, militaries, roles and requirements. Andmium on. All pansies to this marine, agree chat the represrntatmes are, in fact bona fide and posses ran and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition moral herein set forth and any supplementary or additional terms and condition annexed hereto or incmpamed herein by reference. Any additional or dhTecew corms and condition proposed by seller a2 objawd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryou cannot make complete shipment to arrive on yam promised delivery date as noted'I'Inw is of the essence. Delivery and performance mot be effected within the time stated an the purchase order and the dacumers dwched hereto. No acts of the Purchasers including, without limitation, acceptance erratical late deliveries, shall operate as a waiver of this provision. In the event of any delay, ore Pmchassr shall have, in addition to other legal and equitable remedies, ,he option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall act be liable for damages as a result of delays due to causes not reasonably formable which am beyond its reasonable control and without its fault ofafegligence, such acts of Good, acts ofeivil or military mthori4es, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the condition caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time wholly lost by reason of The delay. 3. WARRANTY. The Seller warrants that all goods, asicles, mmenak ad work covered by this order will cant with applicable domemp, specification, samples ardlor other description givers, will be fit for the purposes intsded, and performed with the highest degree of ore and compeeare in accordance with accepted standards for work of a similar come. The Seller agrees to hold the purchaser harmless 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 cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may her pacts hed by law or by the wros ofany applicable wormnty provided by the Seller after the dude of ace,,.¢ f,he good ficaushed hereunder (acceptance no, to b, uoresosbty delayed), resulting from impairer or defective work done or materials fumished by the Sell, Acceptance a use of good by the Purchase shall not mntimw a waiver crony claim under this wrmand, Except is othervdse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wwranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase( may make changes to legal terms by wrimrn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal mats, including additions to or deleims from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time o'perawasom hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a1 any time by wrican change makes, terminate this ageemenr u as sy or all portion of the goods that not ahq { subject to any equitable adjmtmeal bewcen the parties as to any work or maferids direct in progrs provided that the Pumhada andl nod be liable far any claims for anticipated profits on the uncompleted portion of the goods amber work, for incidental or consequential damages, and Nat no such sdjatmend be made in favor of the Seller with respect w any goods which we the Sellers standard stock. No such lamination shall relieve the Purchaser or the Sella army oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjsonent rent b, rescrted within thirty (30) days tram the dine the change or mannisti er is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in said compliance with all applicable laws and regulations to which The goad are subject The Seller shall execute and deliver such documants as may be required to effect or aidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoapomted herein by this reference. The Seller agrees to indemnify and field the Purchaser harmless from all costs had darnags sufredxd by the Parehader as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the Prior written resent of the other my. IO.TITLE. The Sella warmrs full, clear and wommucted Odic co the Purchase Ira all equipment, materials, and it. famished in performance of this agreement, fee aM clear of any and all lien, restrictions, reservation, security award armament and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diumar the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafie indicates its inability or unwillingness to comply, the Purcham may cause the work to be pert ed by the most expeditions mews available to it, and the Seller shall pay all costs associated with such work. The Seller shall releue the Purchaser and its contractors of any tier firm all liability and claims of any nature ruching from the performance of such work. This releue shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofxmrs and employees of such party. The Settees contactual obligations, including warranty, shall not be deernal to be, reduced, In any way, because such work is performed or caused tobe purfcmml by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process everal by later, patent trademark or copyright, the Seller shall indemnify and save ham,less the Purchaser from any and all claims for infringement by reson of the tie of such paneled design, device, mmerial or process in comuction with the contract, and shall indemnify me Purchaser for any 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 care said equipment, or any pert thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pas is enjoined, the Sella shall, at its own expense and at its option, either procure for ,he Purchaser the right to continue ring said equipment or pans, replace the more with substantially equal but naninfnn8ing rquipmeret. or modify it so it becomes nooinfr'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchsawithout liability. 16. GOVERNING LAW. The definition ofterrs mailer the interymation of the agreement and the rights ofall parties herewder shall be, coswed under and governed by the laxs afth, State of Colorado. USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repacentutive(s), on the premises of orders. 12. SELLERS RESPONSIBILITY. The Seller shall wry on said work at ScRefs own risk antil the some is fully completed and accepted, and shall, in case of say accident, datmetion m injury to the work and/or rntedals before Seller's fst completion and acttprnce, complete the weak at Seller's awn expense and to thc satisfaction of the Purchaser. When materials and equipment are fumished by others for inallation or erection by the Seller, the Sella shall meive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were beingbanished] by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expassc, provide for the payment of workers companwtion, including occupational disswe benefits, as its employers employed an or on mnIXclian with the work several by this purchase order, maker w that dependants in accordance with the laws of the state in which the work is to be done. The Seller shall also car, comprehensive general liability including, but not limited as, commaual unit automobile public liability Isuance with bodily or, and death limits of at lest $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shut do any work upon the premises of others, the Seller shall %ankh the Purcbser with a cere film that such corrnpenation set i earnce have been provided Such certificates shall specify the date when such con,, radon and insurance have been Provided. Such cau fiwtes shall specify the door when such aompawromon and insurence expires. The Seller agrees Not such compensation and insurance shall be mainrainN until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'I he Seller hereby assumes the entire responsibility and liability for any and all damage, Ins or injury of any kind lure wha¢mve, to person or progeny caused by or resulting from din emsomirm of the work provided for in this purhse order at in connection herewith. The Seller will indemnify and hold harmless the Franchiser and any or till of the Purchasers affects, agents and employes Gom wed agoins, any had all claims, lass, dama8es, charges or expenses, what, direct or indirect, end whether to person or property to which the Pachnef may be pis, or subject by reason of any col, anion, neglect, omission or default an the pan of the Selle, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In critic any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by hasson of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agenu or employees as afareaid, the Sella hereby agrees w assume the defense chimer and 10 defred the more at the Sellers own wpese, to pay any and all costs, charges, hhorneys fees and other expenses, my and all judgments that may he incurred by or obtained against the Purehata or any of its or their officers, agents or employes in such suits or other proceedings, and in case judgment or other lire be placed upon or obtained against the property of the Purchser, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety preautions, furnish and insist) all guard necessary for the prevention of accidents, comply with all haws and regulation with regal to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issual pursuant themo. Raised 072014