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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9122326City of /,.F�t Collins Date: 04/2412012 Vendor: 129790 THE FEET, INC 622 SHERRY DR, UNIT C FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9122326 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 04/24/2012 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 1 To cover the cost of postage for departmental mailings. Per RFP 7170 and associated service agreement. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1 LOT LS Total Invoice Address: 150.000.00 150,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax earmptions. By statute file City of For Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99_04562. Federal Excise 'fax Excnlplion Certificate of Registry 84-600F557 is registered with the Coleco, of Failure of the Purchazer to insist upon strict performarm, Of the tern.. and conditions hereof. fnilurc or delay to Internal Rcvenu , Denver. Colorado (Ref. Colorado Revised Stnnncs 1073. Chsmm, An--2G, 114 (x). exercise any rights or remedies provided herein ur by law. fnilurc m promptly notify the Seller in the went of a breach, the acceptance of or payment For goods hereunder m approval of the design, shall not release the Seller of Gonda Rcjeced. GOODS REJECTED due to failure to,wet specifications. either .when shipped m due to defects of any of the "no One, or obligations of Ili, purchase order unit shall not he deemed a .waiver Offaly right of the damage in tmmii. may be retuned to you for credit and are not to be replaced except upon receipt of wfiren purchaser In insist upon strict performance hcrcnf m any of ins rights m remedies as to any such goods, regardless instructions from the City of Fnn Collins. crushers shipped, received or accepted, ITS to any prior or subsequent default hereunder. nor shall any purported oral modification or rescissinn of this purchase order by the Purchaser Lifeline as a waiver of say of the terms Inspection. GOODS arc subject in the City argon Collins inspection On arrival, hcrcnf. Final Acceptance. Receipt of the merchandise. Services Or ximmcal in response In This Order can result in II ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hoosier, it is in he andersood that FINAL. Seiler and the Purchaser recognize That in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent spun completion ofall applicable required inspection proecdaras, violalinas are in fact home by The Purchaser. Theretofore. for pond cause and is consideration for executing this pureh,sc Order, the Seller hereby ,,signs to the Purchaser any fact all Chinon it may not, hart or hereafter freight Tents. Shipments most be P.O.B., City of Fort Collins. 701) Wood Sr. Fort Cnliins. CO 90522. unless squired under federal or state antilmsl Inws for such overcharges riming to the parlicolxr goods Or services otherwise specified On this order. If pcmoission is given to prepay freight and charge separately, the original freight pnrchnsed or required by the Purclmscr pursuant to this purchase ordcr. bill must accompany invnice. Additional charges for packing will not be accepted. I A. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuGmurcrs have distributing points in vicious pans of the country. shipment is Iflbc Purchaser directs the Seller to correct nnneonfnmringordefeetivegmods bya date inbe named upon bythe expected from the nearest distribution point to destination, and cases, freight will be deducled from Invoice when Pnrchuser fad the Scllcr, and the Seller thereafter indicates its inability m umvillingncss to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all ants associated with such work. Permits. Seller shall procure at sellers sole ant all necessary permits, cenificmes and licenses required by all applicable laws. reamlations, ordinances and roles of The state. anmieipalirv, territory ar political smbdivisioa where The work is performed, or required by any other duly constituted public authority having jurisdiction ooer the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such buts, regulations, ordinances. Files and requirements. Aulhanzation. All panics to this contract agree that the represcounives are, in fact, bona Ede and possess full and complete anthority to bind said parties. LIMITATION OF TERMS. This Purchase Order cxprcc Ip limits acceptance to the terms and conditions statrd herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diffcrem terms and conditions pmmwd by seller arc objected to and Trashy rejected. 2. DELIVERY. PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete ,shipment in anise on your promised delivery date as noted, T"imc is of the essence, Deliveryand performance nuns be effected it thin the trio stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limimtion. acceptance ofpartial Inc deliveries, Shall aerate as o waiver ofthis provision, In the event of any de]av, The Purchaser shall have, in addition to other legal and equitable remedies, the option ofp]acing this order elsewhere and holding the Seller liable for damages. However, the Seiler Shall not be liable for danmges as a result of delfys due to causes not macooably fore,ccable which ale beyond its reasonable control and without ITS fault of negligence. such acts of God. acts Circled or military and critics. governmental prionties, rims, strikes. nond, epidemics, wars or riots provided that notice of The conditions causing Such delay is given to the Purchaser within fire (5) days of the time he. the Seller firs: received know ]edge thereof. In the evens Of any such delay, the laic of delivery shall be esirndcd for the period equal to she Time actually lost by reason of that delay. 1, WARRANTY. I he Scllcr warrants that all goods, ankles, materials and work covered by this order will conform with applicable dmrcings, specifications, Samples and/or other descriptions given, will he 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 onano to hold the purchaser harmless from any loss. damage or expense which the Pumha6m may suffer or incur on account ofthe Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time IS may be prescribed by law m by the temw orally applicable wamnry presided by the Seller nRcr the date of acceptance of the goods finished remainder (acceptance not to be unreasonably delayed), resulting point imperfect or defective work done or materials finished by the SCHer. Acceptance or use of goods by the Purchaser shall not constitute a waiver of nay chum under this wamnry. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder Shall emend to Fill damages pronimaseby caused by the breach of any of the foregoing wfnnnties or guarantees, bus ,such liability still] in no event include loss of profits or Toss of use. NO IMPLIED WARRANTY OR MERCHAN"rABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by waist" change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tame other than legal terms, including additions to or deletions front file quantities originally ordered in the speeifnentinns or dmw'ingc, by verbal n wrincn change order. If any wch change affects the amwunt due or The time ofperfomofnee hereunder, an equitable adjustment Shall he made. fi. TERMINATIONS. The Purchaser may it any time by writers change order, nominate this agreement as to any or all portions of the good then nor shipped, subject to any equitable adjuzuncin between the panics as to ally work or mmcrinls then in progress provided that the Purchaser shall not be liable for any claims for anticipated pofits on the uncmnpleted 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 Sellers Standard stock. No such termination .shall relieve the Purchaser or the Seiler orally of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin, (30) days form the date the change Or Consortium is mrlcmd. R. COMPLIANCE: WITH LAW. The Seller warrants that all grads sold hereunder shall have been produced. sold delivered and Furnished in strict compliance with all applicable Imes and regulations to which The goods arc subject. T'he Seller shall execute and deliver such documents a may he required to cfTect or evidence compliance. All laves and regulations required to be ineorpamted in agreements Of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pnrchascr harmless from all crisis and damages suffered by the Pnrchascr 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 disc Or to became due hcrcmdcr without life prior wrincn consent of The other party. In. TI TL E. The Sell let oson ms hit 1, clear and unrestricted Iillc to the Pa rchoser for all equipment, matcrin Is. and items furnished in performance of this agreement. free and clear of any and all liens, restrictions. reservations. Security interest encumbrances and claims ofothcm. The Seller shall release file Purehascr and its contractors of any tier from all liability and claims of any nature resulting Timm the perfnrmmic, ofsuch work. This release shall apply even in the event of fault of negligence of file party released and shill extend to tit direcom, officers and employees ofsuch party. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way. because such work is performed or caused m he Performed by the Purchaser. Id, 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 such pntemed design, dci ice, material m process in connection with the contract mall shall indearap, the Purchaser for any COST, c Pansc Or damage which it may be obliged to pay by reason of such III frill gets cnl at any time during III Pros ceutI on or after the Color ICIion of she work In case said cell ipIll Cut, or any part Thereof or the intended Ilse of the goods, is in such suit held to constitute infringement and the use Of ,said equipment of port is enjoined, the Seiler shall, at its own expanse find at its option. either procure for the Purchaser the right to continue wing Said equipment or parts, replace the same with substantially equal but s oninfringing equipment. or malifv it so it becomes roninfringing. 15. INSOLVENCY. If life Seller shall become insolvent or binkmpl, make an assignment for the benefit of creditors, appoint a receiver or trostcc for any of the Sellers pmpcny or business, this order may forthwith be canceled by the Purchaser without liability. Ih. GOVERNING LAW. The (efinilimxs ofernms used or the intcgvrctallon oftho agreement and file rights orall parties hereunder shall be consn¢d under and governed by the Imes ofthe State of Colnmdo, USA. The following Additional Conditions upply only in cases where the Scllcr is to perform work bereunder. including the services of Scllcrs Represcmaive(s), on the prcoises ofulhcrs. 17. ShI.LERS RBSPONSIIIII.IT\'. The Scllcr shall cum on said work ni Scllcrs own risk until the Same is fully completed and accepted, and shall. in ease of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, eonmpksc file vmrk an Seller's mown expense and to file satisfaction of the Purchaser. When materials mod cquipmmat arc funished by others for insallmion or erection by the Seller. the Seller shall receive, nnlOod. store and handle Store at file site and h"unic responsible themfOr as fhoogh such matcrims find/m cmnipment were being f raished by the Seller under the order. 19, INSURANCE. The Seller shall, at his own expense. pmvide for The payment of workers compensation. including occupational disease bcaclus, to its employees employed on or in connection with the work covered by this purchase order. author to their dependents in accordance with the laws o('the state in which the work is to he done. The Seller shall also cam' comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hadily im,oy and dcmh lino, of al least s3ml.m0 for any one person. 5500.000 for any one accident and property damage limit per accident of S400.000, The Seller shall likewise require his contractors. if any, to provide for Hoch compensation and notrummo, Before any of the Sellers or his contractors employees shall do any work upon the prcnr ices irradiators, The Seller shall furnish the Pnrchascr vvifh a ecrtifiery thm Such conmpcnsxtion and insurance have been pmvidcd. Such ecurc stes shall specify the dale when sash enmpensmion and insurance have been provided. Such eenifncales shall ,petit life doe when such compensation and insurance expires, The Sciler agrees, That such compensation anti insurance shall be nmintained until oust - the entire work is completed and accepted. 19, PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Scllcr hereby isms, the entire rcspnnsibility and liability for any and all damage. Ions Or injury many kind Or nature whro ne,er In persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase water or in connection herewith. The Seller will indemnify and hold hamiless the Purchaser and any or ,if of the Purchasers officers, agents ;nod employees form and against any and all claims, losses, damages. surges or expense%, whether direct or indirect, and whether In persons or pmpcny to which fire Purchaser may he pun Or subject by moon of fay act, action. neglect, omission or default on the pan of The Seller. any Of his emaroCtors. Or any of the Sellers or contractors OffoccrS, agents nr cnaplOyces In ease any suit or other proceedings shall be brought against The Purchaser, or its office¢, agents or employee, To any tittle on account or by lemon Of ally act, action, neglect, emission or default of the Seiler of any Of his eontmetors or any of its 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 coils, charges, attorneys fce, and other expenses. any and all judgments that Fully be incurred by or obtained against the Purchaser 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 property of the Pnrchascr, or.said parties in or as a result ofsuch snits or other proceedings. the Seller will m once cause due time to he dissolved and diseharged by giving bond or OthC, ism. The Seller and his enntrncums shall take all safety precautions. Finnish and install all cards necessary for the pretension of nceidcnts, comply mill, all Inws null mgulatinns vcifh regard In safety including. but vvithoul ]initiation, she Occupational Safety and Health Act of 1070 and all rues and regulations issued pursuant thereto. Revised 03l2010