Loading...
HomeMy WebLinkAbout460650 STAPLES ADVANTAGE - PURCHASE ORDER - 3212246PURCHASE ORDER PO Number Page City Of 3212246 1 of z Collins This number must appear on all invoices, packing ' `t slips and labels. Date: 01/2312012 Vendor: 460650 Ship To: WATER UTILITIES STAPLES ADVANTAGE CITY OF FORT COLLINS 39143 TREASURY CENTER 700 WOOD ST CHICAGO Illinois 60694-9100 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 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. Line Description Quantity UOM Ordered Unit Price Extended Price 2012 BLANKET ORDER 1 LOT LS 10,000.00 UTILITIES Total $10,000.00 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 II, 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 Ternis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt foam state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-fW502. Federal Excise Tax Exemption Certificate of Registry 94-OM597 is registered with the Collector of Failure ofthe Purchaser to insist open strict performance of the terms and conditions hemnf. failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statmes 1973, Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver crony right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wriuco purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Ton Collinsof when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported cm1 modification err rescission of this purchase order by the Purchaser operate as a waiver of any Of she terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymcat on the pan of the City of Ton Collins. However, it is to he nndcrstood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact bnrne 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 Feral. Shipments most be F.O.B.. City of Fort Collins, Was Wad St., Fon Collins, CO 90522. unless acquired under federal or state antitmst laws for such overcharges relating to the panietthr galls or services otherwise specified on this order If permiminn is given to prepay freight and charge separately, the original freight purchased cr acquired by the Purchaser pursuant to this purchase orden bill most 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 Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Pn¢haser and the Selleq and the Seller thereafter indicates its inability orumvilliagness to comply. the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all ens, associated with such work. Permits Seller shall procure at sellers sole cost all necessary permits, eertificales and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, nr required by any other duly constituted public authority having jurisdiction over the Mork of vendor Seller further agrees to hold the City of Fort Collins harmless from and sgninst ell liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulminus, ordinances mles and requirements. Authorisation. All parties to this cantata agree that the representatives arc. in fact. bona file and posses" 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 emus and conditions annexed hereto or incorporated herein by reference. Any additional or different tcmvs and conditions proposed by seller are objected to and hereby roccicd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no 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 hereto. N. acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes food, epidemics, wars or riots pravided that notice of the canditions crossing 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 del ivesy shall be extended for the period equal to the time Banally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order will conform M ith applicable drawings, specifications, samples and/err other descriptions given, will be fit for the purpnses 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 fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wemnty. The Seller shall replace, repnir Or nmkc good, without cost to the purchaser. any defects or faults arising vvilhin one (I) year or within such longer period of time as may be prescribed by low or by the terms ofany applicable vvmmnty, pmvidcd by the Scllcr after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of Foods by the Pumhascr shall not constitute a waiver crony claim under this warranty, Except as otherwise provided in this purchnsc order, she Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wnm nties or guarantees, but such liability shall in no event include loss of profits or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser ratty make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans. other than legal tcros, including additions to or deletions fmm 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 ofperfomanec hereunder, on equitable adjustment shall he made. b. TERNI (NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adju tmenl between the panics as to any work or materials then in progress provided that the Purchaser shall rat be liable for any claims for anticipated profits on the uncompleted portion of the goads and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to any goods which am the Scllcrs standard stock. No such tcrminntion shall relieve the Purchaser or the Seller of any of thcirobligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment 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 hav'c been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc 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 arc hereby incorporated herein by this mferenee. The Seller agrees to indemnify and hold the Purchaser hornless fmm all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, monies, or convey this order, or any monies due or to become disc hereunder withmn the prim written consent ofthe other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchnscr for all equipment, materials, and items fumishcd in performance of this agreement. free and clear of any and all liens, restrictions, rescn'ations, security interest encumbrances end claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name 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, nfficers and employees of such party. The Sellers contractual obligations, including wamnm, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design, device, mnterial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlets 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 m damage which it may be obliged to pay by mason ofs ch 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 .snit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its oven expense and at its option, either pmcure for the Pumhascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthc ague nscnt end the rights ofull panics hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellem Representative(,), on the premises ofotucm 17. SELLERS RESPONSIBILITY. The Scllcr shell carry no said work at Scller's man risk until the same is fully completed and accepted, and shall, in case ofany accident, destruction or injury to rise work and/or mvtcrinls before Seller', final completion cold acceptance, complete the work at Scller's own expense and to the satisfaction of the Purchnscr. When ntaterials and equipment are fumishcd by others for installation or cmytioss by the Seller. the Seller shall rcecivc, unlmd. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease bcneits, to its cmployccs employed on or in connection with the work covered by this purchase order. and/err to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death I ire, of at least 530I.WO for any one person, S500.000 for any one accident and property damage limit per accident of S404000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contracmrs employees shall do any work upon the premises of whets. the Seller shall furnish the Pumhascr with a certificate that such compensation and insumnee have been provided. Stich certificates shrill specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such eompcnmtion 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 rev,Ovibiliry and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting fmm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcm the Purchaser and any nr all of the Purchasers officers, 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 act. action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or coom erns officers, agent" or employees. In case any snit rn other proceedings shall be brought against the Purchaser, or its oRccrs, agents or cmployccs of 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 affecrs. agents or employees as aferemid, the Seller hereby agrees to assume the defense thereof and to defend the mmc at the Sellers own expense, to pay any and all costs, charges, anomcy, fees and other expenses. any and all judgments that may be incurred by or obtained against the Pumbacer or any or 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 dismb. ed and discharged by giving bond in otherwise. The Seller and his contractors shall take all mfcsy precautions, famish and install all guards necessary for the preycminn of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occnpntional Safety and Health Act of 1970 and all mics and regulations issued pursumu Ihcmto. Revised 03/2016