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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9120286PURCHASE ORDER PO Number Page City of 9120286 n L+ Collins This number must appear I " J on all invoices, packing ' `t slips and labels. Date: 01/18/2012 Vendor: 129790 Ship To: PUBLIC LIBRARY (MAIN) THE FEET, INC 201 PETERSON ST 622 SHERRY DR, UNIT C FORT COLLINS Colorado 80524-2 FORT COLLINS Colorado 80524 Delivery Date: 01/17/2012 Buyer: DAVID CAREY 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 UOM Ordered Unit Price Extended Price Courier Services 1 LOT LS 80,000.00 Estimated 2012 Casts TERMS AND CONDITIONS, SCOPE OF SERVICES, AND RATE SCHEDULE PER SERVICES AGREEMENT FOR RFP # 1063 Total $80,000.00 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 ll, 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 Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60W587 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 specificntiorrt, either when shipped or due to defects of damage in transit. may be returned to you for credit and are not to he replaced except upon maipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchnscr to insist upon strict performance ofthe tells and conditions hcnnf, failure or dclav to exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall net be decreed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, rcccived or accepted, as to any prior or subsequent default hereunder. nor shall anv purported oral modification or rescission of this purchase order by the Purchaser upente as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAI MS. authorized payment on the pan of the City of Fort Collins. Hooencr. it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, mcrchargcs 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 Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges occluding to the particular goods or services 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 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 parts of the country, shipment is If the Purchaser directs the Seller to career nonconforming or defective grads by a date to he agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchnscr shipments arc made front greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs ossociatcd with such work. Permits Seller shall potion: at sellers sole cost all necessary perils, certificates and licenses required by all applicable laws, regulations, ordinances and mles ofthe state, municipality, territory or political subdivision where the work is perforated, or required by tiny 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 incurred by them by reason of an asserted or established violation ofany such laws, regulations, onlimmas, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Truth and any supplementary or additional temu and conditions annexed hereto or incorporated herein by rcfercnce. Any additional or different terms 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 ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hacto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. Hmsxvcr, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligcnce. such act of Gnd, acts ofeivil or military authorities. goo.cmmcntal priorities, fires, snikcc flood, epidemics. wars or riots provided that notice of the conditions caning such delay is given to the Purchaser 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 extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warnme, that all good, 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 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 Purchaser may stiffer 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 (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the grads furnished hcrcunda (acceptance not to be mucasonaMv delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchnscr shall not constitute a waiver ofany claim under this womanly. Excepl as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties a guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wninen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than kcal term, including additions to or ddetioos from the quantities ongi ally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofporfncro nce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agrecmenl as to any or all portions of the goods then not shipped, subject to any equitable adjustment bauven 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 good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller Many of their obligations as to any goods dclivacd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustucat must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wvarant that all goods mid hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable Imvs and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Ian's and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this rcfercnce. The Seller agrees to indemnify and hold the Purchaser hammers fmm 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 wrincn consent of the other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any lieu from all liability and claims of atty nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offam and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be clamed 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 required to use any design. device, material or process covered by letter, patent, toden ark or copyright, the Seller shall indemnify and save harmless the Purchaser Emit 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 reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to comaimic infringement and the use of said equipment or part is enjoined, the Seller shall, at its man expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify rise it becomes noninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmsec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oflams used or the interpretation of the agreement and the rights ofall panics hereunder shall he constmed under and governed by the laws ofthe State ofColorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represenmtive(s), on the premises cfothers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Parehoser. When materials and equipment arc famished by others for installation or creation by the Seller, the Seller shall receive, unload. store and handle same at the sire and become responsible Ihemfor 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 lows of the .state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability inmmnee .with bodily injury and death limits of at least S30I,000 for any one person, S50oamo for any one accident and Property damage limit per accident of S400.000. The Seller shall likewise ranim his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ethers, the Seller shall furnish the Purchaser with a ecnifieare 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 Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ossurecn the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Scllcr 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 expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by mason of any act, action. neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In ease any .it 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 contactors 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 at the Sellers man 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 suits or other proceedings, and in ease judgment or other lien he placed upon or obtained against the property ofthe 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 contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without ]initiation, the Occupolional Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010