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HomeMy WebLinkAbout505343 AMY'S GREEN DRY CLEANING - PURCHASE ORDER - 9124158City of Frt Collins Date: 107/25/2012 Vendor: 505343 AMY'S GREEN DRY CLEANING 1829 E HARMONY RD FORT COLLINS Colorado 80528 PURCHASE ORDER PO Number Page 9124158 1o12 This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 07/24/2012 Buyer: ED BONNETTE 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 Extended Ordered Price i Blanket 2012 Cleaning Contract Wet/Dry Clean thru 12.31.12 1 LOT LS PER CONTRACT AWARD FOR 7400 GREEN UNIFORM CLEANING SERVICES TO AMY'S GREEN DRY CLEANING, Total 32,500.00 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 II, 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 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIALDETAILS. 'tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Cohen., of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shames 1973, Chapter 39-26.114 (a). exercise any rights at remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, die acceptance ofor payment for goods hereunder or approval ofilc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due 0 failure to meet specifications. either when shipped or due to del . of any of the memories ones err obligations of this .on. order and shall tar be deemed a waiver of any sigh) of the damage in transit, may be rammed to you for credit and art not to he replaced except upon receipt of written pumhaser to insist upon sober performance bertafor any of in rights or remedies as to any such goods, regardless inswetions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as is 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 err equipment in response m this order .n result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the an of the City of Fan Collins. Howeven it is 1. be understood that FINAL Scllcr and the Purchaser ....roam that in actual econmale pnetice, overcharges resulting firm mtionst ACCEPTANCE b dependent upon completion of all applicable required impaction procedures. violations are in fact home by die Purchaser. Theretofore, for good Cause and as considerate er for exceeding this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenor. Shipments must be FOR, City of Fan Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges refund to die particular goads or services otherwise specified on this aide,. if permission ugivan to prepay freight and charge separately, Nc original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance. Where nim.fmarers have olnumufing points in various parts of the country, shipment is If the Purchaser dimen the Seller to cornet nonconforming or defecfve goods by a date In be agreed upon by die expected fora the nearest distribution Point to destination, add excess freight will be deducted fmm Invoice when Purchaser and the Seller, and din Seller thereafter indicates its inability or unwillingness to Comply, %e Purchaser shipments arc made from greater distance. may or. the work to be performed by the moo expeditious meava available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall prepare at sellers sole cast all necessary permits, Conifers, and license, minimal by all applicable laws, regulations, odinances and tales ofhe scam, municipality, territory or political subdivision where the work is perfumed, or required by nay it.. duly unmated public auhority bavingjon,dielimn over die work of vendor. Seller Former Contra to hold the City of Fort Collins harmless Rom and against all liability and lass inc urred by them by reason of ea assured or established violation of any such laws, regs, ulationordinances, tales a d requirements. The Seller shall releae the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance eafsuch work. This release shall apply wen in the event of Gull of negligence of the party released it shall extend to the directors, of leers and employees ofmch parry. Authorisinam. All panics to this contract aMe Char the reprexantatives are, in fact, bona fide and possess full end The Sellers ammocarl obligations, including wan.ty, shall nor be deemed to be reruced, in say way, because complete authority to bind said parties. such work is performed or caned to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits mceploom to the terms and conditions stated herein set limb and any supplemenmry or additional terms.nd conditions annexed herein or incorporated herein by rel3nnce. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou came[ make complete shipment to arrive an your promised delivery date as noted. Time is of the assmes. Delivery cod performance ..at be effected within the time stated on the purchase ome, and she d.cumen s utached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate . a waiver of diis provision. To the evem crony delay, the Purchaser shill hove, in addition to abler legal and egnitnble remedies, he option of placing this order elsewhere and holding the Sell,, liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes nob renmnably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military autherit., govcrmnental friction, fins, strikes. Bond, cpidcmies, wars or riots provided Nat notice of the conditions causing such delay is give. to the Purchase, within five (5) 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 reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dawings, sprcifiin imu, Camp]. maker ante, dicaniprims give., will be fit for the purposes intended, and performed with the highest degree of care and Competence in accordance with accepted standards far weak of a similar more. The Seller agrees to hold the punhamr harmless Gum any but, damage or expense which the Purchucr may suffer or incur on account of the Sellers breach of warartry. The Seller shall replace, repair or make good, without cost to the purchaser, any dithered or faults arising within one (1) year or within such longer period of time. may be prescribed by law of by the terns of say applicable warranty provided by the Seller slier the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fora inferred or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of coy of the foregoing warmnri. or guarantees, but such liability shall in no event include loss of pmf. or lose of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moos by mine, change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes h the teats, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifin ems of drawings, by verbal of write. change order. If any such change affects the amount due or the time ofperfamance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminam this agreement as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials [hen in progress provided that me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,at.. of the goods maker work, far incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such nomination shall relieve the Purchaser or flit Seller ofany of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the data the change or laudation is ordered. g. COMPLIANCE WITH LAW. The Seller warrants not all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws and regulations fir which the goads 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 ncorpora[ed in agreements of this diameter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purdmsev harness from all cons and damages suffered by the Purchaser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey his order, or any monies due or to become due hereunder without the prior written cement of the other Parry. 10. TITLE. The Seller warrants Full, clear and umentrici,d fine to On Purchaer for all equipment, materials, and items Furnished in performance of this agreement, free and clear of any and all lieu, nstr nips, reservations, security interest encumbrances and claims.r athen. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark copyright, the Seller shall indemnify and save harmless die Punctuate, from any and all claims for infringement by passion of the use of such patented design, device, material or process in connection with the convect, and shall indemnify the Pualimer for any cast, expense or damage which it may be obliged to pry by reason of such infringement at any time during the prosecution or after the completion of die work. In case said equipment, or any pan thereaf 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 ..ad al its option, either procure for the Primrose, the ddn to continue using said equipment or pats, replace the same with mbdrntially ,.at but aminfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bntdwpt. make an assignment far the benefit of are iti rs, appoint a or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Runhuar without liability. 16. GOVERNING LAW. The definitions ofmarts used in the interyralmor ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by die laws ofthe State of Colorado, USA. Thc following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the servic. ofSellcm Repnnnmrive(s), on the prem6es of.thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, demuctim or injury to die work and/or materials before Selleds final completion and acceptance, eomplem the work .1 Seller's own cap... end to the satisfaction of the Purchaser When materials and equipment are finished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the rim and become responsible therefor as though such materials and/or equipment were being formal al by the Sella, under the amp,. I& INSURANCE. The Seller shall, at his own expeue, provide For the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with be work cave,ed by this p..Iran oMe,. and/or to their dependents in accordance with die laws of the state in which the work is to be done. The Seller shall also carry, campnhensive rental liability including, but not limited to, contmemal and automobile public liability insurance with bodily injury and death limits of at less[ S3W,M for my one person, SS00.000 for any c accident and mperry damage limit par accident of 5400,000. The Seller shall likewise require his communists, if any, to provide for such compensation and insurance. Before any of the Sellers or his Comments employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a certificate drat such compensation and insurance have been pmvided. Such certlfmtes shall specify the data when such ompensotion and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepter. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire on,mm ibility.nd liability for any and all damage, loss or injury of any 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 harmless the Purchaser and mry r.11 of die Purchasers .Rican, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or adman, and whether to persons or property to which flue Purchaser may be put or subject by reason of any at, Canon, neglect, omission or default an the pan of the Seller, any of his Computers. or any of die Sellers or Contractors officers, agents or employees. In sou my suit or other proceedings shall be brought against the Frontier. or in officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sellerof any of Ibis contractors or any of its or their .(leers, agents or employees as aforesaid, die Seller hereby agrees to assume the defense thereof and or defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and otbef ex,n.on, any and all judgments that may be incurred by or obtained against the Purchaser or any of its o, ntei, Cffcers, agents or employees in such a ids or other proceedings, end to case judgment or other lien be placed on or obtained.,ai., the property of tin Purchasen o, said panics in or es is null of such suits o, other proceedings, the Seller will at once cause the mine to be dissolved and discharger by giving bond or otherwise. The Seller and his Contractors shall take all safely precaution, famish end mod] all gmrds necessary far the prevention of accidents, comply with all lam end regulmiam with mgam to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mln and regulations issued pursuant thereto. Revised 0312010