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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9122325PURCHASE ORDER PO Number Page City Of 9122325 Flirt Collins�7 tuber mustpacking all n on all invoices, packing i slips and labels. Date: 04/24/2012 Vendor: 129790 Ship To: OPERATIONS SERVICES THE FEET, INC CITY OF FORT COLLINS 622 SHERRY DR, UNIT C 300 Laporte Avenue FORT COLLINS Colorado 80524 Building B FORT COLLINS Colorado 80521 Delivery Date: 04/24/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Mailing services for 2012 1 LOT LS 65,535.00 Per RFP 7170 and associated service agreement. Services to cover 03/01/12-02128/13 2 Change order #1 1 LOT LS 3,614.40 3 Fuel surcharge 1 LOT LS 550.00 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 Total Invoice Address: .40 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of run Collins is exempt firma state and local taxes. Our Exemption Number is 98-0N562. Federal Excisc Tax Exemption Certificate of Registry R4400587 is registered with the Collector of Internal Rcvmue. Denver, Coloon n (RcE Colomdo Revised Statutes 1973. Chapter 39-26. 114 (n). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of damage in transit, may be returned to you for credit and arc not in he replaced except upon receipt of written instmctinms fmm the City of Fen Collins. Inspection. GOODS am subject to the City of Fnn Collins inspection ran arrival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance ofthe terms and emtditions hereof failure or delay to exercise any rights Or remedies provided herein or by lac', failure to promptly antify the Seller in the event of n bmnch, the ecccpauec ofor payment for goods hereunder or approval of the design. shall not rcicasc the Seller of any of the svarnmles or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herenfnr any of its rights or remedies as to nny such good, regardless of when shipped received or accepted, as to any prior or snbsegnent default hereunder, nor shall any' purpnned nnl madifieainn or rescisinn of this purchase order by the Purchaser opemte as a waiver of nny of the terns hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can msull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be undo nod that FINAL Seller and the Pumhnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection pmeednres, violations are in fact borne by the Purchaser. Theretofore, for good cause and as eoti ident ion for executing this purehose COACT, the Sclicr hereby assigns to the Purchaser any and all claims it nny now have or hereafter Freight Terns. Shipments must he F.O.E.. City of Fort Collins, 7W WuM St., Too Collins, CO 80522. unless acquired under federal or state antitnst lmvs for such nvcrchargcs relating In the particular goods m services otherwise spccifcd on this node,. If pcnmission is given to prepay (might and charge wrtrately, the original freight purchased m acquired by the ru ehaser punamn to this purchase order. bill must a compnny invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufiettimm have distributing points in various pans of the country, shipment is If thn Purchaser directs the Seller m correct nnnconfomuing or defective goods by n Ante to be agreed upon by the expected farm the ncrrest distribution point to destination. and excess freight will be dedt¢tM from Invoice When Pnrchascr and the Scllcr, and the Seller thervii indicates its inability or unwillingnes to comply. the Purchaser shipments are made from greater distance, may cause the wnrk to be perfomed by the most expeditious means available to it, and the Seller shall pay all costs asnciitcd With such stark. Permits. Seller shall proeum at sellers sole cost all necessary permits. certificates and licenses required by all applicable Imes, regulations, ordinances and roles of the state, mmnieipahity, territory or political aibtllwision where the work is performed, or required by any other duly constituted public authority, I n'inS jurisdiction over the work of vendor. Scllcr hmhcr agrees to hold the Citv of Four Collins harmless from and against all liability and loss insured by them by reason of an asserted or established violation of any such lass, regulations, omlinnnces. odes and rcgnircmcnts. Authnri.timn. All panics to this eontmct agree that the rcprescnmtivcs arc. in fact, bona fide and poses., full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set fnnh and any nppIcnicmary Or additional tans and emmditions annexed hencto or incorporated herein by reference. Any additional or difleonn tans and conditions proposed by sellerare 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 perfomancc must he 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 orany delay, the Pnrchascr shall have, in addition to other legal and equitable remedies, the option of placing this oaIcr clsewlmrc and holding the Seller liable for damages. However. the Seller shall not he liable for damages ;t a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its faun ofnegligcnce, such acts of Gnd. acts ofewil car militaryauthorities, go'emmental prinflims. fires, strikes, flood, epidemics, wars or rims 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 received knowledge thereof. In the event of any such delay, the Ante Of delivery shall be extended for the period equal to the time actually Inst by resnn of the delay. 3. WARRANTY. The Seller wamnt that all good, articles, materials and work covered by this order rill cmrfmm with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the piuTow" intended, and peromicd with the highest degree of care and competence in accordance with accepted standmds for wok of a similar nanire. The Seller agrees to hold the purchaser hormlcs front any lo,sc damngc or expert c which the Purchaser may suffer or incur On account Of tic Sellers breach of wamnty. The Seller shall replace, repair or make good, withnut cost to the pnrehnscr, any defects or faults arising within one (I ) year or within such longer period of time as may be prescribed by Inv or by the tears Of any applicable ,amnty provided by the Seller nOer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect Or defmivc work done ar matmials famished by the Seller. Acceptance or to of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as othcmise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing womntics or guarantees, but such liability shall in no event include loss of profits nr loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Pumhnscr may make changes to legal Isms by written change order. 5. CIIANGES IN COMMERCIAL TERMS. The Puehiucr may make any changes to the terms. other than legal terms, including additions to or dcictiong from the quantities originally ordered in the specification or drawings. by verbnl or written change order. If any such change affects the amount duct or the time of perfomancc hacunda. an equitable adjustment shall be made. 6. 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, subject to any equitable adjustment betwaen the panics as to any work or materials then in pmgmss pmvidcd that the Purchaser .shall not be liable for any claims for anticipated pmfts on th 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 good which arc the Sellers standmd stock. No such emnimtimm sIm II relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment runs, be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wzmnh that all good sold hcrcundcr shall have been produced. sold. deivered Cad fitrnishcd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver etch documents ns may be required to effect or evidence eomplinnec. All laws and regulations required to be incnrponted in agreements of this character are hereby incorponed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pnrchascr ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or nny ninnies due or to become due hceundcr without the Prior written consent of the other party. 10. TITLE. The Seller wumnt full. clear and unrestricted title to the Pu chaseer for all equipment, matafals, and items fumished in perfomancc of this agreement, fine and clear of any and all liens, restrictions. res,rvatmns, security interest encumbrances and claims nfothcm. The Seller shall release the Puehaxr and it contractors of any tier fmm all liability and claims of am nature resulting fmm the performance ofsaeh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olliccrs and cntployecs of such party. The Scller's enntrnemml obligations, including aurninly. shall not be deemed to be reduced, in any may, hecrusc such work is perfumed nr caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to usc nny design, device, material or process covered by letter, patent. wahnnmR or copyright, the Seller shall indemnify and save ham lcs the Purchaser fmm am,mid all claims for infringement by reason of the use of such parented design device, mateial or process in connection with the contract. and shall indemnify the Purchaser for ram cot, expense or damage .which it may be obliged to pay by reason of such infringement at any line during the prosecution or after the completion of the mark. In case said equipment. or any part thereof or the intended use of the Sands, is in such snit held to constitute infringement and the use of said cgnipnonl Or part is cnjnined. the Seller shall, at its own expense and at its optino either procure for the Purdmscr the right to continue using said equipment or parts, replan the same with substantially equal but noninfringing cquipnenl. or modify it so it becmnes noninfringing. 15. INSOLVENCY. If the Seller .droll become insolvent or banknipi, make an as. ignment for the heneft of crNitom. appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions after, used or the interpretation Of the agreement and the rights ofnll panics her inder,dnll be coomucal under and govcmcd by the Inws of the Start of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfonm work hereunder, including fire sm ices of Scllcrs Rcpresentntive(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at ScHces own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction car nun, m the cuk and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthc Purchaur. When materials and cq,npmenl are famished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle same at the site and bmmiie responsible therefor as though such materials and/car equipment were being furnished by the Scllcr under the order, 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of wurkers cnnipnnsaim, including occupatimnl disease benefits, to its employees mnploycI on car in connection with the work covered by this purchase mdeq and/or to their dependents in accordance with the Laws of the .state in which the work is to be done. The Seller shall e)sO tarty comprehensive general liability including, but not limited to. contractual and automobile public liability inaumnca with bodily injury and death limit of at least S300,000 for any one person S500,000 for nny one accident and pmkcrm damage limit per accident of S400000. The Scllcr shall likewis require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his conumonrs employees shall do any work upon the premises ofothcm the Seller shall furnish the Pumhnscr with a certificate Clint such compenc lion and insumncc have been pmvidcd. Such certificates shall specify the date when such compensation and insumncc have hcen pmvidcd. Such ecrtificl tes shall specify the date when .nnh compensation and insurance expires. The SCIICT agrees that .such conipcoation and instrancc shall be maintained until after the entire work is completed and accepted. 19. PRorfci [ON AGAINST ACCIDENTS AND DAMAGES. The Scllcn ccrchy ussunes to entire responsibility end liability for any and all dunnage. lass or injury ofany kind or nature mlmdmvcr to persons or property cruised by m resatlfing firma the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hxrndes the Purchaser and any or Al of the Purchuwrrs oRccrs. agents and employees firma and against any and all claims loses damages. charges of expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may be pill 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 Scllcrs or contmetom officers, agents or employees. In case any suit or other proceedings shall bC bmught againd the Purchaser, of its oRccrs, agents or employees at any time on account or by reason of any act. actin, neglect. omission or default of the Seller of any of his enamanrs or any of its or (heir oRccrs, agent or employees as aforesaid. the Seller hereby agrees to assume the defense thcrmf and to defend the same at the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses, any end all iudgnmtts Ilot may be incurred by or obtained against the Pnmhoscr or any of its of their officers. agents or employees in such suits or other pmccednigs. and in case judgment or other lien be pinged upon or obtained against the pmpcny of the Pnrchascr. or said parties in or as a result of such suits or other proceedings. the Seller will m once cause the same to he dissolved and discharged by giving bond car nthemisc. The Seller and big contractors shall take all safety prvceutions. furnish and install all guards necessary for the prcs'entinn of accidents. comply with all laws and regadutions with regard to safety including, bill without limitation, the Occupational Safety and Health Act of 1970 and all macs and regulations issued pursuant Ihercto. Revised 03/2010