HomeMy WebLinkAbout102669 ZEP SALES & SERVICE - PURCHASE ORDER - 3212312PURCHASE ORDER PO Number Page
City Of3212312 t °f 2
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 01/27/2012
Vendor: 102689 Ship To:
PARK MAINTENANCE
ZEP SALES & SERVICE
CITY OF FORT COLLINS
16304 E 32ND AVE #40
413 S BRYAN
AURORA Colorado 80011
FORT COLLINS Colorado 80521
Delivery Date: 01/26/2012
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
2012 Annual Blanket PO 1 LOT
LS
10,000.00
Misc Goods & Services
Total
$10,000.00
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Tcr7ns and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER.
98-01502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to
tactual Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), cxcrcis, any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Scllcr of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver Of any right Of the
damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict Performance hercefor any of its rights or remedies as to any such goods. regardless
instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver Of any Of the terms
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof.
Final Aceeptancc. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM F,NT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fen Collins. However, it is to be tmden.tood 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 arc in fact home 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 hereaficr
Freight Terms. Shipments most be F.O.H„ City of Fort Collins, 700 Wend St, End Collins. CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the pirihadar 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 parches c order.
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
cxptttcd fmm the ne rest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Permits. Seller shall possum at sellers .sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations. ordinances and rules 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 further agrees to hold the City of Fen Collins harmless firm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances miles
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 cxprecly limits acceptance to the terms and conditions stated
herein set forth and way supplementary or additional terms and conditions annexed hereto or incorporated herein by
referonce. Any additional or dilTarant Isms 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 move on your
premised delivery date as noted, Time is of the es. cues.. Delivery and per(ormance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries shall operate as a waiver of this provision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable comedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. Hmvevcr, 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 ofGod. acts ofeivil or military authorities, governmental priorities, fires, strikes, food, epidemics. warsor
riots provided (hat notice of the conditions crowing 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
"tended for the period equal to the time actually lost by reason of the dcl ay.
3. WARRANTY.
The Scllcr wamnt., that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be It for the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted .standards I'or work of a
similar nature. The Scllcr agrees to hold the purchaser harmless fmm any Inns, damage or expense which the
Purchaser may sufTer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cost to the purchaser, nny defects or faults arising within one (U year or within such longer period Of
time as may be prescribed by Imv Or by the terms array applicable warranty provided by fire Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect
or defective work done cr materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver prima claim under this ommaty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder .shall extend to all damages proximately caused by the breach array of the foregoing wamnties
or guarantees, but such liability shall in no even( include loss of profits or loss cram. NO IMPLIED WARRANTY
OR MERCHANTABILITY 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 tennis, including additions to or deletions boom
the quantities originally ordered in the specification; or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performancc 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
good then not shipped, subject to any equitable adjustment Max<n the parties as to any work or materials then in
progress provided that the Pumhaser 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 are the Scllcrs standardseek. No inch termination shall relieve
the Pu¢hase,or the Seller prime of their obligations as to any grad delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller wamnts that all goods sold herarndcr shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the gods ore subject. The Seller shall execute and
deliver such destructions may be required to effect or evidence compliance. All Imes and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of tire
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Sellcrvamnts full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in pefnrmance of this agreement, free and clear of any and all liens, resmctions, reservations. security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direct, the Seller to correct nonconforming or defective good by a date to he agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates it, inability or unwillingness In comply, the Purchaser
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.
The Seller shall release the Purchaser and its connectors of any tier four all liability and claims of any nature
resulting fmm 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, officers and employees ofsuch party.
The Sellers contractual obligations, including wamnty, shall not be deemed in be reduced. in any way, because
such nark is pafomed or caused to be performed by the Purchaser.
14. PATENTS.
Rgtc rexer 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 factor 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 at 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 good. is in such suit held to constitute infringement and the use of
mid equipment or pan is enjoined, the Seller shall, at its own expense and at its 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 use it becomes anninfringing.
15.INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the bcncfnl of creditors. appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by (hc
Purchaser without liability.
16. GO V FRNING LAW.
The definitions of terms used or the interpretation Offhe agreement and the rights ofall parties hereunder shall be
consumed under and governed by the laws ofthc State of Colomdo, USA.
The following Additional Conditions applv note in cases where the Seller is to perfom work hereunder,
including the services Of Scllcrs Resmsentalive(s), on the premises of otlnts.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, dud shall,
in case of anv accident, destruction or injury to the work and/or materials before Seilces final completion and
receptors., complete the work at Scller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection 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.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers eonrpensatinn, 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 Imv., 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 5301,000 for any one person. S500, NIo for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, irony, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises ofothcm, the Sells, shall furnish the Purchaser with a eenifieatc
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 Seller 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 assumes 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 of the work, pmvidcd for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers. agents and emplOvecs four and against any and all claims. Insws, damage,.
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 COMMOOrs officers, agents or cmploy'ecs. In case any suit or Other
proceedings shall be brought against the Purchase, or its affects, 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 err any edits or
their officers, agents or cmployccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers Own expense. to pay any and all costs charges, attorneys fees and other espouses.
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their affects.
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, at 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 safav precautions. famish and install all guards necessary, for the proveation of
accident..,. comply with all law, wad regulations with regard to safety, including. but without limitation, the
Occupational Safely and Health Act of 1970 and all roles and regulations issued pursuant [herein.
Revised 0312016