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HomeMy WebLinkAbout109276 PLANTORIUM - PURCHASE ORDER - 9123052City of / 110 rt Collins PURCHASE ORDER PO Number Page 9123052 1of2 This number must appear on all invoices, packing slips and labels. Date: 05/24/2012 Vendor: 109276 Ship To: PARK MAINTENANCE PLANTORIUM CITY OF FORT COLLINS PO BOX 485 413 S BRYAN LAPORTE Colorado 80535-0485 FORT COLLINS Colorado 80521 Delivery Date: 05/23/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price I Annual Flowers 1 LOT LS 3,410.34 2 Annual Flowers 1 LOT LS 1,705.17 3 Annual Flowers 1 LOT LS 568.39 Total $5,683.90 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firms state and local taxes. Our F;xcmption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Cenificate of Registry 84-6I0I587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tans and conditions haeof. failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmrided herein or by law, failure to pronnptly notify the Seller in the nenl of a brcnch. the acceptance for payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any Of the wamntics Of Obligations of this purchase order and shall not be deemed n ,river of any right of the damage in transit, may be motored to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrenfor any of its rights or remedies as to any such goods, regardless instructions from the City of FOn Collins. of when shipped, received or accepted, ns to any prior or subsequent default hereunder, nor shall any purported moil nnndification or rescic ion Of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS arc subject to the City of Fort Collins inspecian on urrival. hereof. Final Acceptance. Receipt of the merchandise, scrvica 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. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Form antitrust ACCEPTANCE is dependent upon completion of all applicable rcquind inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins 700 Wood SL, Fort Collins, CO 90522, unless required under federal Or state antitrust lases for such overcharges relating to the particular goods or services olhetwisc .specified no 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. hill must accompany invoice Additional charges for packing will not he accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nntmonfoming or defective good by a date to be agreed upon by the espected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller ihcrcafier indicates its inability Or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. pewit Seller shall proteins, at sellers sole treat all necessary permits, certificates and licenses required by all applicable laws, negtlainns, mrdirtanecs and rules of the state, municipality, territory or political subdivision where the work is perfomM, or required by any other duly constituted public authority having jusisdlclion over the work of vendor. Seller f rnher sons.., n hold the City of Fria Collins harmless From and against all liability and loss incurred by them by reason of ran asserted or established violation of any such laws, regulations. ordinances. rates and requitement. Amhonzasion. All panics in 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 tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different toms and conditions Proposed by seller are objected to and busby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence Delivery, and performance must be effected within the firm stated on the purchase order and the documents touched hereto. No acts of the Purchaecrs including, without limitation, acceptance officinal lase deliveries shall operate as a waiver of this provision. In the event of any delav, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing This order dwwhem and holding the Seller liable for damages. flowerer. 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 ofnegligence, such acts of Gad. acts of civil Or military authorities, governmental priorities, Ems, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Parehnw serithin five (3) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. I'he Seller of mots that all grads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. mi11 be 01 for the proposes intended, and Performed with the highest degree of care and competence in reconfirms, with accepted standards for work of a similar nature. The Seller agrees to hold the pumhascr harmless from any loss, 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 good, is ilhout cost to the purchaser, any defers Or faults arising within one (1) year or within .such longer period of time as may be prescribed by law ear by the terms ofany applicable wamary pmvided by the Seller finer she date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wemnty. Except as otherwise pmrided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties ear guaranscex, but such liability shall in an event include Inns of pmlits ear loss rf use. NO IMPLIED W ARRANI'Y OR MERC11ANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Patches., may make any changes to the Isms, other than legal terms, including additions in or deletions front the quantities originally ordered in the specifieaions or drawings. by verbal o mitten change order. If tiny such change affects the amount due or the time ofperfornmucc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all positions of the goOd then not shipped, sufr_iect to any equitable adjustment between the panics as to any work or materials then in progress Provided that she Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/in, work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect In any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of Ihcir obligations as ro any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assented within thirty (30) days fmm the date the change or teminmion is Ordered. R. COMPLIANCE WITH LAW. The Seller wwmnts ohm all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulmions to which the goods are subject. The Seller shall execute and deliver such documents us may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form 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 disc or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pnrchuscr for all equipment materials, and items furnished in perfomrence of this agreement. free and clear of any and all liens restricimis. tecrrations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any net form all liability and claims of any nature resulting Form the perfbmmnec ofsaeh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. o(ficem and employees of such party. The Sellers contractual obligations. including wamnty, shall not be deemed to be reduced, in any sway, because such work is performed or caused to he Performed by the Purchaser. 14. PA TENTS. Whenever the Seller is required to aw env design. device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason ol'the use of sm:h pmemcd design, device, material or process in connection with the contract and shall indemnify the Purchaser for tiny cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution Or after the completion of the work. In case said equipment or any an thercnf or the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller .shall, at its own expense and at its option, either procure for the Pnmhaeer the right to continue using said equipment Or parts. replace the same with substantially equal but anninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors. 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 definnum, of terms used or the intchpretalion ofthe agrecnant and the rights strait panics hereunder shall be consumed andorr and governed by the laws of the State ofColarado, USA. The folloving Additional Conditions apply only in eases where the Seller is In perfom work hereunder. including the services of Sellers Reprcsentative(sk on the premises ofmhers. 17. SELLERS RESPONSIBILITY. I'he Seller shall carry on said anrk rat Seller's .,is risk until the some is fully completed and accepted, and shall, in ease of any accident, datmclion or injury h) the work and/or materials before Settees final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipmcnt are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same rat the site and beconm responsible therefor as though such materiaks and/or equipment were being furnished by the Seller tinder the order. IS. INSURANCE. The Seller shall. at his own expense, pm'ide for life payment of aarkve compensation, including occupational disease benefiss, to its employees employed on or in conncctinn with the work covered by this purchase nodes, and/or to their dependents in accordance with the Imes of the state in which the work is to he 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 ash ]cast S300,000 for any one person, S500,000 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 such compensation and insurance. Befum any of the Sellers or his contractors employees shall do any work arms the rmmises nfothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenific ors shall .specify the date when such compalsolion and insurance expires. The Scllcr agrees that such compensafon and insurance shall be maintained until after the entire work is completed and acceryed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'rhe Seller herchy assumes the entire rcefmnsihilityand liability for any mid all damage, loss or injury ofany kind ear nature whatsoever to persons or property caused by or resulting fmm the execution fifths, work Provided for in this purchase order or in connection herewith. fire Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers. agents and employees fmm and against any and nil claims, losses. damages, charges or expenses. whether direct or indirect and whether to persons or property to which life Purchaser nev he put or subject by reason of any net action. neglect, omission or default on the Pnrt of the Seller, any of hie contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other rmecedings shall be boughs against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect Omission or dcfo It of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to zsame the defen,ue thereof and to defend the sane at the Sellers men expense. to pay any and nil costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents of employees in such suits or other pm¢cdings, and in case judgment or other lien be placed upstn or obtained against the property of the Purchaser. or said parties in or as a result of such suits or other pmcccdings, 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 safety precautions finish and install ell guards necessary, for the prevention of accidents. comply with all lams and reglations with regard to safest' including, but without limitation, the Occupational Safcty and Ilcallh Act of 1970 and all miss and regulations issued pursuant Iherem. Revised 03/2010