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HomeMy WebLinkAbout208277 CINTAS FIRST AID & SAFETY - PURCHASE ORDER - 3212268PURCHASE ORDER PO Number Page City ofPURCHASE 212268 t of z `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 208277 Ship To: WATER UTILITIES CINTAS FIRST AID & SAFETY CITY OF FORT COLLINS 11411 E 51STAVE 700 WOOD ST DENVER Colorado 80239-2607 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 Unit Price Ordered Extended Price 2012 Blanket order 1 LOT LS 10,000.00 Water Utilities Dept. 9u--� Q. OAA�Jgk-4�- 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 $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Fon Collins is exempt fmm state and local taxes. Our Exemption Number is 98-OIS02. Federal Excise Tax Exemption Certificate of Registry 84-1400597 is registered with the Collector of Interval Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either whim shipped or due to defects of damage in transit, may he mounted to you for credit and are not to be replaced except upon mccipr of written instructions farm, the City of Fort Collins, Inspection. GOODS arc subject to the City of Fort Collins inspection on ariv:al. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hcmof, failure or delay to exercise any rights or remedies pmvidcd herein or by lam, failure to pmniptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, hall not release the Seller of any of ncic warm, ones or obligations of this purchase order and shall not be donned a uaiver of any right of the purchaser to insist upon strict performance herenforany of its rights or remedies cos Many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or remission of this purchase order by the Purchaser operate as a oniver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, senices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize Thar in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion nfall applicable required inspection pmeedurcs. violations arc in fact bmme 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 Tema. Shipments most be F.O.B., City of Fort Collins, 704) Word St., Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for Bach overcharges rebating to the particular goods or services othewise specified on this order. If permission is given to prepay freight and charge scrums cly, 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, PURCI LASERS 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 comer 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 Purchaser and the Settler, and the Seller thereafter indicates its inability or umrillingncss to comply, the Purchaser shipments arc 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 pmeurc at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles 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. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an as cr(ed or established violation of any such laws, regulations ordinances. rules and requirements. Authormlion. All panics to this contract agree that the representatives arc, in fact, bona tide and pore ess full and complete authority In bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditions stated hcrcin set fnnh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions pmprt ed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your premised 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. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opemre 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 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 fnesecablc which are beyond its reasonable control and without its fault of negligence, .such acts ofOod. acts ofcivil or military authorities. governmental priorities, fires, strikes, food, epidemics. wars 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 rcceivcd knowledge thereof In the event of any such delay, the dare of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller ,..am that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and7or other descriptions given, mill be 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 Ins,, damage or expense which the Purchaser may stiffer or incur on account of the Sellers; breach of wamnty. The Seller shall replace, repair or make good. without cast 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 crony applicable warmnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting boom imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gods by the Purchaser shall not constitute a waiver crony claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimarely caused by the breach of any of the foregoing wammics err guarantees, but such liability shall in no event include loss of prefix or lost of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser cony 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 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 ofpaformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Pr chaser may at any time by written change order, terminate this agreement as to any or all potions of the galls then not shipped, subject to any equitable adjustment b nsv,en the panics as to any work or materials then in progress, provided that the Purchase shall not be liable for any claims for anticipatnl Paris on the uncompleted portion of the galls 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 am the Sellers standard stock. No such termination shall relieve the Purchaser err the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hemundu shall have bcen produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance, All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failum 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 of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted rule to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and nil liens, restrictions, reservations, security interest encumbrances and claims archers. The Seller .shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations including warranty, shall not be deemed to he reducal, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. U'hcncvcr 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 fmm 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 ofsueh infringement at any time during the pmsecmion or aver the completion ofthe work. In ease 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 its own expense and at its option, either procure for the Purchaser the right In continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. IS. 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 Scl lers pmperry, or business. this order may foth,i th be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the Imes of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to rurfomt work hereunto, including the services of Sellers Repre,cmmive(s), no the promises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on ,said work at Sellces own risk until the same is fully completed and accepted. and shall, in case of any accident. dcslmctlon or injury to the work and/or materials before Scllcr's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or creenion 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 corkers 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 dependants in accordance with the Imes of the state in which the cork is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractnnl and automobile public liability misnomer with bodily injury and death limits of at least 5300.000 for any one person, 5500.000 for any one .evident and popery, damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the Premises ofothers, the Seller shall famish the Purchaser o ith a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bcen provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the emit, responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hencoah. The Seller will indemnify and hold hanni the Purchaser and any r all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirc 1. and whether to persons or property to which the Purehzscr 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 case any suit or other proceedings shall be brought against the Purchaser, or its affects. agents or employees at nay 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 nRccis, agents or employees as aforesaid, the Seller hucbv agrees to assume the defense Ilmoof and to defend the same at the Sellers own expense, to pay any and all costs, charges, minutes, fees and other expenses, any and .I1 judgments that may be incurred by or obtained against the Purchaser or any of its or their officems, agents or employees in such snits 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 nLsuch suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precnmione, furnish and install all gourds necessary for the prevention of accidents, comply with all laws and reguations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therem. Revised 03/2010