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HomeMy WebLinkAbout128371 SHRED-IT DENVER - PURCHASE ORDER - 9120875City of �,.F,.�ort Collins Date: 02/10/2012 Vendor: 128371 SHRED -IT DENVER 1707 E 58TH AVE DENVER Colorado 80216 PURCHASE ORDER PO Number Page 9120875 1o12 This number must appear on all invoices, packing slips and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 02/09/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALEND, YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT P PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOOD AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price DOCUMENT SHREDDING SERVICE / 1 LOT LS 600.00 2012 Estimated Costs Estimated monthly cost: $50.00 For Human Resources Department l Total $600.00 �r Rcx� .4q-- 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 Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60f)(1597 is registered with the Collector of Failure of the Purchaser to insist upon strict pnfomance of the terms and conditions heron( milum Or delay to Internal Revenue. Donor, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (n). exercise 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 hacturder or approval ofthe design, shall not release the Sellaof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties 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 arc not to be replaced except upon receipt of written purchaser to insist upon atria pallemmncc herenfor 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, not shall any Purported Trial modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are 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 payment on the part of the City of Fort Collins However, it is to be understood 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 liteatures. violations arc 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 Tams. Shipment must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating 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 trucking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufscrurcrs have distributing points in various pans of the country, shipment is Uthe 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 Tom Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments art mad, 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 procure at sellers sole cast all necessary permits, eenificates and licenses required by all applicable laws.. regulations ordinances and mles 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 Fan Collins harmless from and against all liability and Ios incurred by them by reason of an assented or established violation of any such laws, regulations, ordinances rates and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona 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 sct forth and any mplelcmentary or additional terms and conditions annexed hereto or incorporated herein by refinance. Any additional or different tames and conditions proposal by sellar 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 lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpineing this order elsewhere and holding the Seller liable for damages. Howrva, the Seller shall not be liable for damages as a result of dclay:s due to causes not reasonably foreseeable which am bcynnd its reasonable central and without its fault ofnegligatec, inch acts of Ord. acts of civil or military authorities, governmental priorities, frets. strikes. flood. epidemics, wars or riots provided that notice of the conditions causing mch delay is given to the Purchaser within five (5) days of thin time when the Seller first received knowledge thereof. In the event of any inch delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants 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 fit for the pmpases intended. and performed with the highest degree of care and compacrcc 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 ofthe Sellers breach ofwamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects at faults arising within one (1) year or within %rich longer perind of time as may be prescribed by law or by the tames of any applicable wamnry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting Form imperfect or defective work done err materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warm, my. Except as otherwise provided in this purchase order, the Sellers liability harcunda shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss of um. 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 lanes, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change enter. If any such change affects the amount due or the time of performance hereunder, run equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, abject to any equitable adjustment between the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated proms on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such ndinstmant be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such emanation shall relicvc the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. 8. 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 he required to effect or evidence compliance. All laws 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 hnmlcss 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 written consent ofthe other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items finnishal in perfomaance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of othen. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performanec 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 of mch parry. The Settees contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performod by the Nrchaser. 14. PATENTS. Whenever 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 form any and all claims for infringement by reason of the use of mch patented design, device, material or process in connection with the concoct, and shall indemnify the Purchaser for any cast, expense it damage which it may be obliged to pay by reason of such 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 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 to continue using said equipment or Pans, replace the same with substantially equal but n uninfringing equipment, or modify it m it becomes naninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver ar tmstec for any of the Sellers property or business, this order may fnnhwith he canceled by the Purchaser without liability. 16, GOVERNING LAW. The dermitions oftams used To the interpretation ofthc agreement and the rights ofall parties hereunder shall be consumed underand governed by the Imes offl a State of CTrlmdo. USA. The following Additional Conditions apply only in cases where the Seller is to pattern wad: hereunder. including the scrvims of Sellers Representative(s), on the pmmiws efothcrs. 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 case of are accident, destruction or injury to the work and/or materials before Seller's final completion and ncceNancc, cnmpldc the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or oration by the Seller, the Seller shall receive, naload. stare and handle some m the site and become responsible therefor as though such materials and/or equipment were being famished 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 Imes 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 limit of of least S300,000 for any one Person. S500,000 for any e accident and porp,ry damage limit per accident of "00.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Sellershall famish the Purchaser with a certificate that such compensation and insurance hove ban provided. Such cenificams shall specify the date when such compensation and insurance hnvc been provided. Such ecnificmes shall specify the date when such compensation and insurance expires. The Scllcr 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 hercby ru sumcs the entire responsibility and liability fir any and all damage, loss or injury mfany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnrmles the Purchaser and any ar all of the Purchasers effects, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or properry to which the Purchaser may be pun or subject by reason of any net, action, neglect omission or default on the part of the Scllcr, any of his contactors, or any of the Sellers or contractors oRicas, agents or employees. In case any snit or other pmeadings shall be brought agninst the Purchase, or its officers, agents or employees at any time on account or by reason of any net, 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 thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and nil judgments that may he incurred by or obtained against the Pumhnscr or any of 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 pmperty of tlic Purchaser, or mid panics in or as a result of such suits or other proceedings. the Seller will at mutt cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall like all safety precautinns, furnish and install all guards necessary for the prevention of nceidcnts, comply with all Imv% and mgnlrtions with regard to safety including, but without limitation, the Occupational Snfcry and Ilcalth Act of 1970 and all nits and regulations issued pursuant thereto. Revised 03/2010