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HomeMy WebLinkAbout107294 RED WING SHOES - PURCHASE ORDER - 9120164City Of PURCHASE ORDER PO Number Page 9120164 1 1 of 3 ' `t Collins OI l I „s This number must appear ` , 1 on all invoices, packing slips and labels. Date: 01/09/2012 Vendor: 107294 Ship To: FLEET SERVICES - MAIN SHOP RED WING SHOES CITY OF FORT COLLINS 3645 S COLLEGE AVE 835 WOOD ST FORT COLLINS Colorado 80525-3009 FORT COLLINS Colorado 80521 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Steel Toed Shoes - Transfort 1 LOT LS 1,000.00 Fleet Blanket order to cover the cost of safety shoes for fiscal year 2012. A voucher slip will be provided by the employee and the invoice shall include the employee's name. The statement shall include the employee's name and signature. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Steel Toed Shoes - Wood 1 LOT LS 1,000.00 Fleet 3 Steel Toed Shoes - Streets 1 LOT LS 480.00 Fleet y Steel Toed Shoes - Techs 1 LOT LS 800.00 Facilities Invoice Address: City of Fort Collins Director of Purchasing and Risk Management 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, FO 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 Fort Collins 6 PURCHASE ORDER PO Number Page 9120164 2 of s This number must appear on all invoices, packing slips and labels. Line Description Feud""`y UOM Unit Price exmnaeu Ordered Price s Steel Toed Shoes - HVAC 1 LOT LS 800.00 Facilities 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 $4,080.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tox Exemption Ceniftcate, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser as insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dcnver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the ucccptanee at or payment for goods hereunder of approval ofthe design, shut[ net release the Seller of Goods Rejected, GOODS REJECTED due to failure to men specifications, either when shipped or due na defects of any of the warranties or obligations of this purchase order and shall not be deemed a wuiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance h arcofur any of its rights or medics as to any such goods, regardless instructions from the City of Pon Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpun d oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fan Collins inspection oa arrival. hereof. Final Acceptance. Receipt of the merchandise, wivices or equipment in response to this order can result in 12. ASSIGNMENT OF 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. 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 Tents. Shipment, most be F.O.E., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges reining to the particular goods or services uthenviw specified on this order. If permission is given to prepay freight and charge separately, 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 accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where amnuluctunn have distributing points in various pans of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates it, inability or unwillingness to comply, the Purchner shipments arc made from greater distance. may cause the work to be pelf ..ed by the mat expeditious menu available to it, and the Seller shall pay all costs asnemrd 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 rules ofthe 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. Sell, fuller agovs to hold the City of Four Collins harmless from and against all liability and loss incumd by them by reason of an asserted or established violation crony such paws, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly lint acceptance to the terms and conditions stated herein set forth and any supplentencery or additional tcmu and conditions annexed hereto or incorporated bercm by reference. Any additional or different tams and conditions proposed by seller arc 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 of the essence. Delivery and performance must be effected within the time sated on the purchase order and the documents attached herem. No act, of the Purchasers including, without limitation, acceptance ofpaniul pate deliveries, shall operate as a waiver ofthis prevision. In the event orally delay, the Purchaser shall have, in addition to other legal and Notable remedies, the option ufplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shape not be liable for damages us a result of delays due to causes not reaW a ably foreseeable which are beyond its maomnable control and without its fault of negligence, such acts ofGod, act, fcivil m military authorities, governmental priorities, Ercs, strikes, Road, epidermic, ours 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 thereof In the event orally such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warults that alp 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 cream and compewmee in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser homUcss from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach 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 Inv or by the terms of any applicable wantonly provided by the Seller after tie date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defenive work dome or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofuny claim under this warranty. Except as otherwise provided in this purchase order, the Scllcis liability hereunder shall extend to alp damages proximately caused by the breach ofuny of the foregoing warnntics or guarantees, but such liability dull in no event include loss of profits or loss of use. NO IMPLIED WAIL RANfY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lerrm by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teme, other than legal terns, including additions to or deletions 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 ofperfannance hereunder, an equitable adjustment shall be made. 6. "TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment bowecn 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 purlon of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ufthe Seiler with respect to any goods which am the Seller standard smek. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any gooak delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjmmem must 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 beta produced, sold, delivered and furnished in strict compliance with all applicable paws and regulations to which the gods ure subject. The Seller shall execute and deliver such documents as may be required to effect orevidence compliance AB paws and regulations required to be incorporated in agreements of this character are hereby incorpomttd herein by this reference. *the Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as u result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither party shape assign, transfm or convey this order, or any monies due or to become due hereunder without the prior written consent of the other puny. 10. TITLE. 'The Seiler warrants full, clear and unrestricted tilt, to the Purchaser for all equipmenl, nuurials, and items furnished in performance of this agreement, free and clear of any and all picas, restrictions, reservations, security interest encumbrances and claims ufomben. The Seller shall release the Purchaser and its contn curs of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers Laid employees ufsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any WILY, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seiler is required 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 fur 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, cxpome or damage which it may be obliged to pay by reason ufsuch infringement at any time during the prosecution or after the completion of the W ork. In care 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 pan is enjoined, the Seller shall, at it, own expense and at it, option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nuninfiinging. 15. INSOLVENCY. It the Seller skull become insolvcm or bankrupt, make all assignment for the benefit of creditors, appoint a receiver or tm,fee for any ofthe Sellcn property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dclimtians oftenns mcd or the interpretation ofthe agreement and the rights ofall parties hercundr shall be consumed under and governed by the paws ofthe State of Culandu, USA. The following Additional Conditions apply only in cans where the Seller is to perform work hereunder, including the services of Sellen Represenmtive(s), on the premises ofohers. 17. SELLERS RESPONSIBILITY. 'ncc Seller shape curry war said work at Settees own risk until the same is fully completed and accepted, and shape, in case of any accident, destruction or injury to the work mador materials before Seller's final completion and acceptance, complete tie work at ScIler's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall relive, unload, star, and handle sum, m the site and became 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 benefit,, 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 done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shape likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shape do any work upon the premises of others, the Seller shall famish the Puchuser with a certificate that such compensation and insurance have been povided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires.'I'he Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINS"IACCIDENTS AND DAMAGES, The Seller hereby assumes the entire rmpausibility and liability for any and all damage, loss or injury ofuny kind or nature whatsoever to persons or property tamed by or resulting from the execution ofthe work provided for in this purchase aide, art in connection herewith. The Seller will indemnify and bold hunn[csa the Purchnxr and any or all of the Purchasers officers, agents and employees from and against any and all claims, posses, damages, charges err expenses, whether dieel tar 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or it, olficers, agents or employees at any time tan account or by reason of any act, actual, neglect, omission or default of the Seiler of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the same at the Sellers men expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Puchaser 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 obtained against the property of the Purchaser, or said panics 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 cumrncims shale take opt 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 Occupational Solely and I lealth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03l2010