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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9111023PURCHASE ORDER PO Number Page City OfC � .. , 911.1023 l of 2 ®o����� This number must appear on all invoices, packing Isligsand labels.. Date: 02/15/2011 Vendor: 129790 Ship To: OPERATIONS. SERVICES. THE FEET, INC CITY OF FORT COLLINS 622 SHERRY DR, UNIT C 300 Laporte Avenue FORT COLLIN8'Color'ado 80524' Building B FORT.COLLINS Colorado 80521 Delivery Date: 02/15/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price. Extended Ordered Price 1 To cover the cost of postage 1 LOT L.S - 120,000.00 for department mailings: per RFP 7170 and associated service agreement. Total $120, 000.00 i I City of Fort Collins Director of Purchasing and Risk Management Invoice Address: This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 Collinss is exempt from state and local taxes. OUT Exemption Number is 11. NONWAIVER. "• - 98-04502. Federal Excise Tax Exempuon,Ccnificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions.hcrcof,dailurc or delay to Internal Revenue. Denver-, Colomdd (Rcf.tolorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided hacin.or by law; failurcao promptly notify the Seller in'thc,cvent of a breach, the acceptance of or payment for goods hereunder or approial of the design, `shall not release the. Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the - damage in transit, may be, mturaed-to you'forcredii and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights m remedies as to any_such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported ore] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood 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 home by the Purchase. Theretofore, for good cause and as consideration 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 must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prcpny freight and charge scpamtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be ace'eptcd. ' , - ' - - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS: Shipment Distance. Where manufacturers have' distributingpoints in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming of dcfcctibe goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when - Purchaser and the Seller, and the Seller thereafter indicates its inability or uhuillingness in comply, the Purchaser shipments arc made from greater distance. _ may cause the work to be palimned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. i - . - Permits. Sella shall procure m,scllers sole cost all, necessary permits, certificates and licenses required by all applicable laws, regulations,:oidinanees and'mles of thestete, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless front and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees of such party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in anyway, because complete authority to bind said parties. such work is perfommcd or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase.Orda expressly limits acceptance to the terms and conditions stated -- - herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein -by -14. PATENTS. - - reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. Whenever the Seiler is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement 2. DELIVERY. by reason of the use of such patented design, device, material or process in connection with the contract; and PLEASE ADVISE PURCHASING. AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time infringement at any time during the prosecution Or after the Completion of the work. In use said equipment, or stated; on the purchase order and the documents attached hacto. No acts of the Purchascis: including, without any part thereof or the intended use of thc.goods, is in such suit held to constitute infringement and the use of limitation; acceptance of partial Iattdelivaies, shall operate as a waiver of this provision. In the event of any delay, said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for thc"1 the Pumbaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere - Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes noninfringing. due to causes not reasonably foreseeable which arc beyond its reasonable control and withoutits fault of negligence, - such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or 15. INSOLVENCY. riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Seiler shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canccicd by the extended for the period equal to the time actually lost by reason of the delay. Purchaser without liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be drawings; spccificatioris, samples and/or oilier descriptions given, will be fit for the putp'oses intended, and construed under and govemed by the laws of thcState of Colomdo, USA. performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the Purchaser harmless from any loss, damage or expense which the The following Additional Conditions apply only in cases where the Seiler is to perform work heeeunda, Purchascr may,suffer or incur on account of the Sellers brcach of warranty. The Sella shall replace, repair or make including the services of Sellers Repmsentativc(s), on the Premises of others. good, without, cost to.the purchaser, any defects of faults arising.within.one (1) year or withinsuch 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 17 SELLERS RESPONSIBILITY. acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials liability haeunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, Or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY store and handle same at the site and become responsible therefor as though such materials and/or equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being furnished by the Seller under the order. 4. CHANGES IN LEGAL TERMS. 18. INSURANCE. The Purchaser may make changes to legal terms by written change order. The Seller shall, at his own 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 purchase order, 5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from shall also carry comprehensive general liability including, but not limited to, contractual and automobile public the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. one 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 or his contractors & TERMINATIONS. employees shall do any work upon the pmmises of others, the Sella shall furnish the Purchaser with a certificate The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the that such compensation and insurance have been provided. Such certificates shall specify the date when such goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in compensation and insurance have been provided. Such certificates shall specify the date when such compensation progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work is completed and accepted. favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchascr or the Sella of any of their obligations as to any goods delivered hacunder. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind 7. CLAIMS FOR ADJUSTMENT. or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any ordered. or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may 8. COMPLIANCE WITH LAW. be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or incorporated in agreements of this character arc hereby incorporated hacin by this reference. The Seller agrees to their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, Sellers failure to comply with such law. any and all judgments that may be incurred by or obtained against the Purchascr 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 9. ASSIGNMENT. obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and prior written consent ofthe other party. his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the 10. TITLE. Occupational Safety and Health Act of 1970 and all rules and reg1llafi0n5 issued pursuant thereto. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished' • -, in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest Revised 03/2010 - •- f encumbrances and claims of others. - _t0.9