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HomeMy WebLinkAbout157778 SCOTCHIES CLEANERS - PURCHASE ORDER - 9120252PURCHASE ORDER PO Number Page City of 9120252. ' of z Collins This number must appear on all invoices, packing `t slips and labels. Date: 01/13/2012 Vendor: 157778 Ship To: POLICE DEPARTMENT SCOTCHIES CLEANERS POLICE SERVICES 1827 E MULBERRY 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80525 Delivery Date: 01/13/2012 Buyer: ED BONNETTE 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 Ordered UOM Unit Price Extended Price Drycleaning Services 1 LOT LS 68,000.00 BLANKET PO FOR 2012 PER 7037 SCOTCHIES AWARD 8 CONTRACT FOR DRY CLEANING SERVICES. 2 Drycleaning Services 1 LOT LS 5,000.00 BLANKET PO FOR 2012 Cam, c3. ov�2� U 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: $73,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Gads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions from the Citv 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 peformance 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 oforpayrnent for goods hereunder or approval ofthe design. shall cam release the Seller of any of the wamntles or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereefor any of its rights or remedies as to any such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pnrponed oral modificatinn or rescission of this purchase order by the Purchaser operate as a waiver of any of the more, 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 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 open completion ofall applicable required inspection procedures. violations are in fact borne by the Pumhnser. Thctctelme. 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 Fen Collins. 700 Wood St., Fort Collins CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the pmtic tlar goods or scrviccs otherwise 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 most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipments am made farm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles 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 lumber agrees to hold the City of Fort 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, rates and requirements. Authorisation. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order 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 reference. Any additional or different terms 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 most be effected within the time stated on the purchase order and the decuments attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, m addition to other legal and equitable remedies the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for dmmiges ns a result of delays due to cause not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gnd, acts ofeivil or military authorities, governmental priorities, fires, strikes Rood epidemics wars or rims provided that notice of the conditions causing such delay is given to the Purehnser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extmdd for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamna that all groat, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer 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 law or by the terms of any applicable warranty provided by the Seller anet the date of acceptance of the goods furnished hmu nder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Seller. Acceptance or use of gods by the Purchaser shall not constitute a waiver of any claim under this ummnty. Except as olhcmise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammies or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M F,RCH A NTA BI LITY 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 terms, other than legal terms, 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 of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. 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 adjustment beowen 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 respect to any goods which arc the Sellers .standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjument must be asserted within third (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LA W. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to 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 art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless Tram 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 became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr wamnts 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 encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pav all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier Tom all liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees ofsuch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be peal rued by the Purchaser. 14. PATENTS. Whenever the seller 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 for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indcmnify the Purchaser for any cost, expense or damage which it may be obliged to pry by reason 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 snit held to constitute infringement and the use of said cquipmcnt or part is cnjoincd, the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts replace the ,same with substantially equal but noninlringing cquipmcnt, or modify it sat it becomes noninlringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllem property or business, this order may forthwith be canceled by the Purchaser without liability. Ih. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be constmed under and governed by the Imes ofthe State of Colorado, USA. The following Additional Conditions apply rule in cases where the Seller is to perform work Immtmder, including the services ofSellm, R mrsenniove(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllerss own risk until the same is fully completed and accepted, and shall. in case of any accident dcstmction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scdlcr's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others Ion installation or erection by the Seller. the Scllcr 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. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including necupationnl 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 done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public I iabiliry insumnee with halily injury and death limits of at least 5300,000 for any one person. 5506.000 for any one accident and property 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 the Scllcrs or his contactors employees shall do any work upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eeniNmes shall specify the date when such compensation and insurance expires. The Seller agrees that such compmsat n 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 respensibidiry and liability for any and all damage, loss or injury ofany kind or nature whatsavcr to persons or property caused by or resulting from the execution ofthe work provided far in this purchase order or in connection herco'ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasem oRcers, 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 be put or subject by reason of any net action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the 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 same al the Sellers own 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 Purchaser or any of its or their officers. agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other pmcedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely 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 Safety and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 03/2010