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HomeMy WebLinkAbout102776 PALMER FLOWERS - PURCHASE ORDER - 3211340PURCHASE ORDER PO Number Page City Of3211340 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 03/02/2011 Vendor: 102776 PALMER FLOWERS PO BOX 270044 FORT COLLINS Colorado 80527-0044 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST/ FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Z Buyer: OPAL DICK 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. i Line Description / Quantity UOM Unit Price Extended Ordered Price 2011 ANNUAL BLANKET ORDER / 1 LOT LS 5,000.00 WATER UTILITIES City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 $5.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stators, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions fmm The City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof failure or delay to exercise any rights or rcmcdics provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wrmmics or obligations of This purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance Inercofor any of its rights or rcmcdics as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent defeull hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of fay of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to This oiler can result in 11 ASSIGNMENT 01: ANT I(RUST CLAMS. amhorind payment on the part of the City of Fort Callime However, it is to be nndermund that FINAL Seller and the Purchnscr recogni,c that in whirl eamlomic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchnscr. Theretofore, for good cause and as eonsideralinn I'or executing this purchase order. the Seller hereby assigns to the Puchaser any and all claims it nary cam, have or hconner Freight Teats. Shipments must he F,O,B-, City of Port Collins, 700 Wood St., Fort Collins, CO 50522, unless acquired under federal Or 'fine antitrust lows for such overcharges rclnting to the particular ponds or son ices otherwise specified on this order. If permission is given to prepay freight fact charge acprrandy, the Original freight pmchascd or nequircd by the Purchaser pur'unnt to this purchase order. bill must accompany invoice. Additional charges for packing will not be neeepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mamdacntrers have distributing points in various park of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will he deducted front Invoice when Purchaser and The Scllcr, and the Seller thereafter indicates its inability orumvillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to if and the Seller shill pay all costs associated with such work. Permits. Seller shall procure at sellers .sole cost all necessary permits. cer ificates and licenses required by all applicable laws, regulations, ordinances and sales of the state, municipality, territory or political subdivision where The work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold The City of Fort Collins harmless from and against all liability and loss uncured by them by reason of an assmned or established violation of any ash laws, regulations, onlinances, sales and requirements. Amhorintion. All panics to this contract agree that 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 acceptance to the toms and conditions stated herein set forth and any supplementary fir additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions purposed by Scllcr arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipnmnt to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of The Purchasers including, without limitation, acceptance of partial life deliveries. shall operme as a Waiver Of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option off lacing this order elsewhere and holding The Seller liable for damages. However, the Sclicr shall not be liable for dmmages as a result Of delav% due to causes not reasonably foreseeable which arc bevond its reasonable control and without its fault of negligence, such acts is acts ofeivil or military authorities, governmental priorifies. fiats, strikes. pond, epidemics, Wars or riots provided that notice of the conditions causing such delay is given to the Plrchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any ash delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wmmnk that all goods, articles, materials 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 performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller Times to hold the purchaser harmless fmm any lose damage or expense Which the Purchaser may suffer fir incur on account of the Soren, breach of wamnty.'Fhe Seller shall replace. repair or make good. without cost to the purchaser. any defects of 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 Se let after The date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials furnished ca by the Seller. Acceptance or use of goods by The Purchaser shall m constitute a %,river ofany, claim under this warrants. Except as otherwise provided in this purchase onlcr. The Sellers liability hcrcunder shall extend to all damages proximately caused by the breach ofany cal the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfns or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CIIANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including mli itinns to or deletions front The quantities originally Ordered in the specifications or dmWime. by verbal or Written change order. If any such change affects the amount disc or the time ofperfomancc hereunder, an cgonable adjustn¢nt sha11 be made. 6. TERM [NATIONS. The Purchaser may at any time by Written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adiusment bcmccu the parties as to any work or materials then in pmgicc provided that the Purchaser shall not be liable for any claims for anticipated pmus on the uncompleted portion of The goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs .standard stock. No arch termination shall relieve the Purchaser or the Seller ofany of their.bhgations as to any eass delivered hcrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must he asserted within thirty (30) days form the date The change or termination is ardcrcd. R. COMPLIANCE WITH LAW, The Seller warrants that all goods sold heramder shall have been produced. sold, delivered and furnished in strict compliance with all applicable lases and regulations to which the goods arc subiccl. The Seller shall execute and deliver Stich documents as may be required to effect or evidence compliance. All laws fall recitations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and entrains suffered by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfc4 or convey this order, ormay mmnics due or to beennte due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purcloocr f.rall equipment, mmcrials, and items furnished in pafomanec of this agreement, free and clear of any and all liens, restrictions, reservations. Security interest encumbrances and claim., of others. The Seller shall release The Purchnscr anti its contractors of any tier from all liability and claims of any nature resulting from the performance ofsareh work. This release shall apply even in the event of fan[[ of negligence of the party released and shall extend in the dimct.rs. oRcem and employees of such party. The Sellers contractual obligations, including wamnty, shall not he deemed to be reduced, in any way. because Stich work is performed or caused to be performed by'the Purchaser. 14. PATENTS. Whenever the Seller is required to use any desiEm, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless The Purchnscr fmm any and all claims for infringement by reason of the use a( such patented design. devion, material or process in connection wish the contract, and shall indemnify the Purchnscr for uny cost, expense or damage which it may be obliged to pay by reason of such infringement It any lime during life prosecution or after the completion of the work. In case slid equipment, Or any pan thereof or the inlcndsd use of the goods, is in such ,snit held to conslitum infringement and the use of said equipn¢nl or part is enlnined, The Seller shall, at its own expense and it its option. either procure for the Purchaser the right to continue using said equipment or parts, replace Ore sure With substmrlinlly equal but noninfringing cquipnwnt, or reify it so it becomes noninfriaging. 15. INSOLVENCY. If the Seller shall become insolvent fir hanksapq make an assigmnenl for the benefit of creditors, appoint a receiver Or Trustee for any of the Sellers propeny or business, this order may forthwith he canceled by the Purchnscr without liahility. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be consumed under and governed by the laws of the State, of Colorado. USA, The following Addilimal Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcr' Rcprcscntati%c(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall crony fin said work at Seller's man risk .ant the same is fully completed and accepted and shall, in case of any, accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of life Purchaser. When mnterinls and equipment arc furnished by others for installation or erection by the Seller, the SCIICT shall receive. Tabard, store and handle saint, at the 'lie and become responsible IhCmfim as though such material, and/fir equipment were being furnished by the Seller under the order. I S. INSURANCE. The Seller stroll as his awn expense, provide for the payment of Workers compensation. including occupational disease benefits, to ile employes eniplgwd on or in connection with the Work covered by this purchase order, and/or to their dependents in aecorhume with The laws of the ,state in which the work is to he done. The Seller Shall also carry ennrpnchen,sive general liability including, but not limited to, contractual and automobile public liability insurance with hold, injury and death limits of fit least S300.0W far wry One person. S500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of fife Sellers or his cnntmemrs employees shall do any work upon the premises of others. the Scllcr shall furnish the Purchaser with a eenificate that such compensation and insurance have been pmvided. Such cenifiuntes shall specify The date .when .such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance expires. I'he Seller agrees that such compensation and insurance shall he maintained until after the cmine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller Twebv a„umcs the train, responsibility and liahiliry for env and all damage, loss or injury of any kind Or nature whatsoever To persons or pmperty caused by or resulting from the execution of the work provided for in this purchase order or in connection hcrcO kh. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers o feem. agents and employees from and against any and all claims. losses, damages, charge, or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be pm or subject by reason of any net, action. neglect. Omission or default on The part Of file SCHCT. now of his contmclars, or any of the Sellers or contractors officers, agents or employees. In ease any quit Or olhcr proceedings shall be brought agninsl the Purchnscr. Or its oRccs. agents or employee%to any time on account or by reagnn of any act fiction, neglect, omission or default Of file Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, The Seller hereby agrees to assume the defense thereof and to defend the s.,me at the Seller, Own m,pense, r) pay any and all costs, Shames, attorneys fees anti other expenses, any and all judgment, that cony be incurred by or obtained nguinst the PRrchuser or any of it, fir their omccts, rgcnfs or employees in such soils or other proceedings, and in case iudgnunt or other lien be placed upon or obtained against the property of the Prnelo scr, or Said panics in or as u resuh Of such suits or other proceedings, the Scllcr will at once manse life xonc to be dissolved and discharged by giving bond or otlicnvisc. The Scncr and his conlmctors shall take all safety precautions. furnish and install all guards accessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but withal limitation, the Occupational Safety and Health Act of 1970 and all odes and regulation, i.Snal prnsnxm therelo. Revised 03/2010