Loading...
HomeMy WebLinkAbout497019 US BANK INSTITUTIONAL TRUST & CUSTODY - PURCHASE ORDER - 9150678City of /0'v Fort Collins Date: 01/29/2015 PURCHASE ORDER PO Number Page 9150678 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 497019 Ship To: SALES TAX US BANK INSTITUTIONAL TRUST & CUSTODY CITY OF FORT COLLINS CM-9703 215 N MASON, 2ND FLOOR PO BOX 70870 FORT COLLINS CO 80521 ST PAUL MN 55170-0703 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 t Investment Safekeeping Service 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 1 LOT LS 15,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from site and local taxes. Our Exemption Number is 98-04502. Federal F.xew Tax Exemption Cmificme of Registry M-6000587 is egimered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected GOODS RFJECTED due to failure an meet apmificatiom, either when shipped or due to defcts of damage in transit, may be rerumed to you for credit and arc not to be replaced except upon receipt of writer instructions from the Cry effort Collins. Inspection. GOODS arc subject to the City of Fort Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in rmpota, to this order can result in authorized payment on the pact of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable neqdred imp"lion procedures. Freight Terms. Shipments most be ROD., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless Otherwise ,paired an this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in varricaus parts of the country, shipment is expected from the rest distribution point to desfmdon, and excess freight will be deducted wen Invoice when shipments an, made Isom gcomer dounce. Permits. Seller shall procure at sellers sale cost all necessary permits, cmifim es and licenses required by all applicable law, regulations, ordinances and rates ofthe slate, municipality, tetrilory or political subdivision where the work is performed, or rx mod by my other duly constituted public authority havingj,isdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against al[ liability and loss incurred by them by reason of an assured or established violation of any such laws, regulation, ordiwma, m[es and requirements. Authorization. All parties to this contract agree that the representatives are, in fan, bona tide and poses, full and complete authority to bind said parties. LIMITATION OF TERMS, This Part Order expressly limits acceptance to the terms and conditions second herein set forth and any supplementary or additional a ans and conditions annexed herein or inconsonance] herein by reference. Any additional or diffetent terms and couditions purposed by seller are objected to and hereby rejerfed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nave on yam promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sorted an the purchase order and the documents attached hereto. No acts of the Purchases including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to order legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damage. However, the Seller shall and be liable far damages as is result of delays due to causes not reasonably fomwadale which are beyond its rmsomble coma[ and without its fault ofrmglig"ce such acts of Gal, acts ofeavil or military authorities, governmental priorities, fires, strikes Eased, epidemics, wars or riots 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 thereat In the event of any such delay, the date Of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmmalas and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfooned with the highest degree of core and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser h,mlass tom any loss, damage or expense which the Purchaser may suffer ar incur on n count alpha Sellers breach of waroar y. The Seller shall replace, repair or make good, without cost to the p rmhaser, any deRds or faulu arising within one (I) year or within such longer period of time m may be prescribed by law or by the tents of any applicable waanty provided by the Seller after the die of acceptance office good fimnished heceader (acceptance not to be um usumb[y delayN), resulting fmm imperfect Or defective work done or materials famished by the Seller. Acceptance or rise of good by the Purchaser clan rot c.ratimte 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 any of the foregoing communes or guarantees, bur such liability shall in no event include loss of Malik or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Franchiser may make changes a legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes la the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrimen change order. If any such change affects the amount due or the time of performance henvnder, an equitable adjustment shall be mode. 6. TERMTNATIONS. The ptuchows may at any rime by wrincn change order, tcmtinate this agreement as fo any or all portions of the goods then not shipped, subject any equitable ndjmtment between the penies as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated pmfu on the uncompleted portion ofthe goods output work, for incidental or consequential damages, and that no such Mjusment be made in favor of the Seller with respect In any good which are the Sellers standard stock. No such Lamination shall relieve the Purchaser or the Seller of any aftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mint be asserted within thirty (30) days from the date the change or lcmtination is ordered. 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 to which the good are subject. The Seller shall execute and deliver such documents as may be requited to effect or evidence compliance. All laws and regulatiam required to be reconporwed in agreements of this character are hereby incorporated herein by this o ferenue. The Seller agrees as indemnify and hold the Purchaser Familess from at[ costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmasfer, or convey this order, or any monies due or to become due hereunder without he prior written consent ofthe other party. I O. TITLE. The Seller warmnut full, clear and unronicted tide to the Purchaser for all equipment, materials, and it. Committed in performance of this agreement, free and clear of coy and all linos, raWctime. reservation, security be— encumbmncuand claimsofothers. 11. NONWAPVER. Failure of the purchaser an insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly nodfy the Seller in the event of a breach, Ore inammuntt of., payment for gcnds hereunder or approval ofthe deign, shall co, release the, Seller of any of the warmities or obligation of this pmchxw order and shall not be assumed is waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or centuries as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shot[ any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temvs hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser ants som Oat in actual crumande practice, overcharges resulting fmm anni. violations are in fact home by the Purchaser. Therelofinefor good cause and in wmideration for executing this purchase order, the Seller hereby assigns in the purchaser any rind all claims it may now have or hereofter acquired under federal a, slam national laws far such owachages relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser direm the Seller a correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to imply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller 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 fmm the performance climb work. This .1. shall apply even in the sent of fault of m ligmm of the party released and shall extend to the i irec o s, oMr. and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process rnvemd by Inter, patent, trademmk or copyright, the Seller shall indemnify and save harmless the Pamhmesf my and all claims for infringement by reason of the use of such pm"ted design, device, material an process in connection with the contact. and shall indemnify the Pon tt (m any cost, expnrae or damage which it may be obliged la pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any .it thereof., the intended use ofthe Goods, is in such suit held to construe 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 to continue using said equipment or pans, replace the same with substantially egml but noninfdnging equipment, or modify it set it becomes aoniolingial. IS. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mostee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defunifions of terms wood or the interpretation of the agreement and the rights of all parties hereunder shall be conshued under and govcmcel by the laws ofthe Sate ofColorwi USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers R,rami atnodO, oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk aril the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the cook and/or macrials bet gullet final completion and accoputme, complete the work at Sellers own expense and o the satisfaction of the Purchaer. When materials and equipment ere famished by others for installation or crewbon by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such ceramists and/or equipment were being fum[sh d by the Seller under the order. I S. INSURANCE. The Seller shall, al his own expense, provide far the payment of workers .,.it., , including accupatimell disease benefits, an its employees employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' compmbens ace ma col liability including, but na, liminal to contmetuat and -,.awhile public Liability insurance with bodily injury and death limits of at least $300000 for any one person, $500,000 for any are accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers cr his contractors employees shall do any work upon the promises of mums, the Seller shall fiunish the Purchaser with a cenificam that such compeiwlim end insurance have been provided Such ecnifcaLm shall specify the date when such compensation news insurance have been provided. Such certificates shall specify the date when such compensation and inormer, expires. The Seller agrees that such thou secation end insurance shall be maintained until Per the "tire work is completed and accepted. 19. PROTECTION AGAINSIACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of any kind or more whats«ver to prnnm or property earned by or resulting form the execution afthe work provided for in Nis purchase under or in coaection berewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees (ram and against any and all claims, losses, damages, charges or expenses, whether direct or indin cl, and whether to persons or property as which the Purchaser may Is, p, or abject by reason of any am, 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 my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by reason of any act, action, neg[et, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as of said, the 5,11, hereby agrees to assume the defame thereof and to defend the same at the Sellers awn expense, to coy any and all cents, charges, attorneys fees and other asperities, 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 jndgm"t ar other [am be placed upon or obtained against the property of the Pr chaser, or said pmies in or as a result of such suits or other proceedings, the Seller will at once cause the sac to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, branch and install all guards necessary for the prevention of accidents, comply with ell laws and regulation with regard to safety including, but without limitation, the Oce upatioml Safety and Health Act of 1970 and all roles and ceplatims issued pursuant tbereo. Revised 072014