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HomeMy WebLinkAbout102776 PALMER FLOWERS - PURCHASE ORDER - 3212343PURCHASE ORDER PO Number Page City Of3212343 1 of z Collins This number must appear Coro C ,�-J`-' ` on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 102776 Ship To: WATER UTILITIES PALMER FLOWERS CITY OF FORT COLLINS PO BOX 270044 700 WOOD ST FORT COLLINS Colorado 80527-0044 FORT COLLINS Colorado 80521 Delivery Date: 02/08/2012 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 Blanket P.O. 1 LOT LS 6,000.00 Flowers 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Tem1s and Conditions Page 2 of 2 I. COMMERCIAL. DETAILS. Tax exemptions. By state the City of Fort Collins is exempt fmm state and local taxes. Our Escntption Number is 98-0W502. Federal Eneiac for Escmption Cemfictc of Regis" 94-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stamtcs 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meetspecific tioos, either when shipped or due to defects of damage in transit. may be returned to van for credit and art not to be replaced except upon receipt of written instnctinns fmm the City of Fort Collins. Inspection. GOODS arc suhicet to the City of Fort Collins inspection on mdral. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pefica a 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 error of a breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not relcuse the Seiler of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon .strict performance hereofor any ofit rights or remedies as foray such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnncd and medific lion ear rescission of this purchase order by the Purchaser npemte n a waiver oL+ny of the terms 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, Hoverer. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mititmst 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 hereafter Freight Tcans. Shipments most be F.O.B., City of Fort Collins, AR) Wood Sr, Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If pemmimion 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 ncecpted. Shipment Distance. Where mznufactorcrs 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 from Invoice when shipments arc made fmm greater distance, Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imws, regulations. ordinances and talcs of the state, municipality, territory, or political subdivision where the work is performed, ar required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collin 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. rules and requirements. Anfla rizmion. All panics to this summer agree that the representatives arc, in fact, haw fide and possess 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 suppicmenntry or additional toms and conditions annexed httem or incorporated hcrcin by reference. Any additional or different terns 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 of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No nets of the Purchasers including, without limitation, ncecptencc ofpanial 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 remedies, the option ofp1wing this order ekewhere and holding the Seiler liable for damages. However, the Scllcr 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 offeelimme. such acts of Gml, acts ofcivil or military authorities, governmental priorities, fires, strikes Road, epidemics, wars or riots pmvidcd than notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thcrcof. 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 Scllcr warrants that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be 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 fmm any Inc, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make gad. 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 lase or by the terms ofany applicable wammy pmvidcd by the Seller after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a naive, ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall cmnd to all damages proximately caused by the breach ofany of the foregoing vam attics ear guarantees, but such liability shall in no event include loss of profits or loss of usc. 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 mdcr. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the trans, 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 herctmder. an equitable adjustment shall be made. fi. TERMINATIONS, The Parchascr may at any time by written change order, manhunt, this agreement as to any or all portions of the gads then no, shipped, subject to any equitable adjustment between the panics as no any work or materials then in pregress provided Char 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 Seiler with respect to any gads which are the Sellers standard stock. No such temtiwrion shall relieve the Purchaser or the Seller of any of their obligations as to any gouda delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants 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 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 hcrcin 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 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 hoarder without the prior written consent of the other parry. 10. TITLE. The Seller warms 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. rescrvaions, security interest encumbrances and claims of ethers. 11 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nnncnnfomming or defective good by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pureftaw, may cause the work to be perfumed by the most expeditions means available to it, and the Seller .shall pay all costs amocimcd with such steak. The Seller shall release the Purchaur and its common, of any tier From all liability and claims of any nature resulting Farm the perfomenncc of such work. This release shall apply even in the event of fault of negligence of the Parry released and shall ,send to the directors, olEcers and employees ofsuch party. The Seller's contractual obligations, including aamntyt shall not be deemed to be reduced, in any tray, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS, %Vheneyer, the Seiler is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Scllcr 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 indemnify, the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement it any time dining the prosecution or inner the completion of the work. In case said equipment. or any part thereof or the intended use of the goads, is in such .suit held to constitute infringement .and the use of said equipment or pat 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 Parts, replace the same with substantially equal but evoinfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall ho anne insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a me",r or trustee for any of the Sd lers property or business, this order may forthwith be ear necled by the Purchaser without linhilite. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall panics herntoder shall be consumer! 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 serviees of Sellers Representative(s). on the premises ofmhem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work rat Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's non expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seiler, the Seller shall rcccire, 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 tender the order. I R. INSURANCE The Seller shall. at his own expense, provide for the payment of workers catnpensntion. including occupational disease bere6 s. to its era ployces employed on or in connection with the work enccred 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 liability insurance with hmlily iniory and death limits of for last S300,000 for any one gust. S560.000 far 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 Sellers or his contractors employees shall do tiny work open the Premises of others, the Seller shall famish the Parchascr with a edifiers that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance espircs. The Seller agrees that such compensation 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 responsibility and liability for any and all damage Ins, ar injury ofany kind or nature whatsoever to persons or property caused by or resdiing from the esccmion of the work provided 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 employees from and against any and all claims, homes. damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Parchascr may be put a, subject by reason of any act, action, neglect. omission or default on the part of the Scllcr, any of his contractors or any of the Sellers or contractors officers, agents or employees. In case any snit ear other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time an account or by marina 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 thcrcof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgment that may he incurred by or obtained against the Purchaser or any of its or their effects. 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 ear 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 rake all safety Prccaminna, furnish and install all guards necessary for the prevention of accidents, comply with all Imws and regulations with regard to safety including, but without limitation, the Occupations! Safelyand IIca l th Act of 1970 and NI rules and regulations issued pursuant thereto. Revised 03/2010