HomeMy WebLinkAbout326357 CENVEO CORPORATION - PURCHASE ORDER - 9117447City of
For_t Collins
Date: 12/15/2011
Vendor: 326357
CENVEO CORPORATION
PO BOX 536900
ATLANTA Georgia 30353-6900
PURCHASE ORDER
PO Number Page
9117447 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: CUSTOMER INFORMATION $ SE
CITY OF FORT COLLINS
117 NORTH MASON STREET
FORT COLLINS Colorado 80524
Delivery Date: 12/15/2011 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 #10 Window Envelope w/ Indecia
for Utility Bills(200,000 Qty)
1 LOT LS
With Indecia.
#10 OSSS Utility Bill Envelopes, printed one (1) color, w/ special window.
24# white wove stock, non -recycled, and inside blue tint.
Quantity: 200,000
Price: $18.93/M
Per Proposal dated 12/13/11.
RIRRR
According to trade custom, a 5% quantity variation will
constitute completion of the order.
2 #10 Window Envelope No Indecia
for Utility Bills(250,000 Qty)
1 LOT LS
Without Indecia.
#10 OSSS Utility Bill Envelopes, printed one (1) color, w/ special window.
24# white wove stock, non -recycled, and inside blue tint.
Quantity: 250,000
Price: $18.93/M
Per Proposal dated 12/13/11.
/IRiR
According to trade custom, a 5% quantity variation will
constitute completion of the order.
C3. oi'l::o_es�
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
3,786.00
4,732.50
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 911744er Page
C117/ Of17447 2 of 3
Flirt Collins( his number must appear
tJ`' ` v ` , t on all invoices, packing
slips and labels.
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
Invoice Address:
$8,518.50
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 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 specili"tions• either when shipped or due to defects of
danmge in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written
instructions from 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 terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein 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 ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of ary right of the
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, rcgurdlcss
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral moditicativa or rescission of this purchase order by the Purchaser operate as a waiver of any of the mans
hereon:
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS.
authorized payment on the pan 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 animus,
ACCEPTANCE is dependent upon completion mfall applicable required inspection procedures. violations arc in fact borne by the Purchaser. "Himtofom, 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 most be F.O.B., City of Fort Collins, 700 Wood St., For Collins, CO 80522, unless acquired under federal or both, antitrust laws for such overcbarges relating to the particular goods or services
otherwise specified on this order. If pcmtission is given to prepay freight and charge separately, the original freight purchased oraequired by the Purchaser Panamint 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 manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
cxpmtcd from the nearest distribution point to destination, and excess freight will be dducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and talcs of the state, municipalky, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority loving jurisdiction over the work
of vendor. Seller mother agrees to hold the City of Four Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional mires and conditions annexed hereto or incorporated herein by
reference. Any additional or different more; and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaciag this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for denagcs as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence,
such acts ofGod, aces ofcivil or military authorities, govemmcotal priorities, foes, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such dday is given to the Purchaser within five (5) days of the
time when the Seller fast received knowledge thereof. 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, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harral ass from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Scllcrs beach of warranty. The Seller shall replace, repair or make
good, without cost 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 tea of any applicable warranty provided by [he Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting hour imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nor
constitute it waiver ofany claim under this wuranty. 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 warranties
or guarantees, but such liability shall in no Dent include loss ofprolirs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES 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 terns, other than legal tertns, including additions to or deletions from
the quantities originally ordered in the specifications or drawings• by verbal or wrinen change order. If any such
change affects the amount due or the time ofperfommance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
'[be 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 adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits 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 aspect to any goods which are the Sellers standard stock. No such tcrmiwtiun shall relieve
the Purchaser or the Seller of any of dcir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations a which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporat ri herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all 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, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other parry.
10. TITLE.
The Seller warenks 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
crncumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting front the performance of such work.
This release shall apply even in the event of fault of negligence of the pany released and shall extend to the
directors, officers and employees of such parry.
The Seller's 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 rquimil to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser 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 may be obliged to pay by rctuon of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or parr 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 some with substantially equal but
nou ndringing equipment, or modify it so it becomes nonimfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credirors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions after.. used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
construed under and governed by the laws ofthe State of Colomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work of Seller's own risk until the sane 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 ofthe Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload•
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE,
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,
and/or to their dependents in accordance with the laws of the state in which the work is to be dune. The Seller
shall also carry comprehensive general liability including, but not limited [a, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any
one accident and prop,ny 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 ofthe Sellers or his contractors
employees shall do any work upon the premises of olhers, the Seller shall furnish the Purchaser with a cenificme
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such comp,ns Lion 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 liability for any and all damage, loss or injury ofany kind
or nature whaesozver to persons or property, caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expcnscs, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seiler, any of his
contractors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its oficers, agents or employees at any time on account or
by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their oficers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other experts,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oficers,
agents or employees in such suits or other proccedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings,
the Seiler will err once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of
accidents, comply with all laws and regulations with regard to sanely including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued purmant thereto.
Revised 03/1010