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HomeMy WebLinkAbout297024 ADVANCED PEST MANAGEMENT OF CO LLC - PURCHASE ORDER - 9142728PO PURCHASE ORDER 914272er Page C117/ of PURCHASE 42728 t of z ' `t Collins( hisnumber must appear ` v 1 1�7 on all invoices, packing sli s and labels. Date: 05/14/2014 Vendor: 297024 ADVANCED PEST MANAGEMENT OF CO LLC DBA COLORADO MOSQUITO CONTROL 695 N 7TH AVE BRIGHTON CO 80601 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/14/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 AGREEMENT 7351 WEST NILE VIRUS MGMT PROGRAM City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 4,663.00 Total 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 I. COMMERCIALDEVA1LS. Tax exemption. By statute the Ciry affair Collin is eacmpa fiom stain and local taxes. Our Exemption Number 6 11. NON WAIVER. 98-0450I. Federal Excise Tax Exemption Cmifieme or Registry 84�6000587 is registered with the Collector of Failure of du Pordaaser to imat upon stunt performance of the terms and conditions hereof. failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Summit 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein in by law, failure to pr«nptly notify the Scllcr in the event of a breach, the acceptance Ofor payment for goods hereunder or approval ma, 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 am wanantio or obligations of this purchase order and shall cot he rimmed a waiver of any right of the damage in arausit, may he renamed to you for credit and are cat to be replaced except upon receipt of written marjoram to insist upon strict perfoammce hereof or any of its rights or remedies m to any such goods, regodleu instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p rimmed am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject o the City of ran Collins inspection on arrival, hereof, Final Acceptance. Receipt of the merchandise, services or gvipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. undeod thatFINAL arnionzed payment on the pan of the City of Fort Collins. However, it is to he understood Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCEis dependent upon completion ofall applimblerammad inspection procedures. violation am in fact home by the Purchaser.Theretofore, for good carve and at/ consideration for executing this putvhau order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Temv. Shipments mist he F.O.B., City of Ford Collins. 900 Wood St, pan Collins, CO 80522, unless mgadreA under federal ar state mtiarut laws for such mmiliti m relating to the particular gaada or services otherwise specified m this order. If permission is given to prepay freight and charge separately, the Original freight pachaud or acquired by the Purchaser pursuant to this Farchuse order. bill mast accompany income. Additional charges for Packing will not be ac«ptcd. 13. PURCHASERS PE SELLERS OBLIGATIONS. Shipment Distance. Where rmuufocmrtrs have distributing points in various pas of the country, shipment n Purchaser direcu the Salle correct nonconforming or defective goads by doh to co agreed upon by the me Seller expected from the nearest d¢trir point to distinction, and excess freight will he Jeduned foam Invoice when Purchaser indicates its inability or unwillingness m comply, the Purebu« Purchaser and the Seller, and the Sellernomadicare a t dicta shipments are made Item greater distance. may cause the work to ch performed by the most expeditious means available to it, and the Seller shall pay all most cosh associated with such wink. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable Iowa, mechanics, ordinances and odes of the some, municipality, mo mry or political subdivision where the work is performed, err required by ;any other duly convoluted public authority havingjerisdiction over the work of vendor. Seller norther agrees m hold the City of Fort Collins In mmesc form and against all liability and loss incurred by them by reason of an asserted Or art blished violation of any such laws, mlialmimu, indications, ores and requirements, Authorimtion. All patties to this contract agree that the repremodamom are, in fact, bon fide and possess full and ani authority to bind said panics. LIMITATION OF TERMS, This Purchase Cam, expressly limit/ acceptance to the terms and condition stated herein se Each and my supplementary or additional it. and conditims amexed hereto or incorporated herein by reference. Any addlfional a, diferent terms and conditions proposed by sell« arc objected m and hereby jetted. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifyou cannot ..it, complete shipment to same on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents .attached hereto. No acts of the Purchaser including, without limiolim, acceptance official Irate deliveries, shall opcorte as a waiver of this provision. In the event of any delay, the Purchaser that have, in addition to other legal and equitable remedies, the Option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall nat be liable for damages n a result of delays due to causes not reasonably foreseeable which are beyond its reasonable comml and without its fault of negligence, such ads .(God, ants i fcivil or military authorities, gmxmmmust priorities, fix. strikes, Good, epidemics, wan m riots provided that notice of the coodmorm causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In the event of my such delay, the date of delivery shall he extended for the period equal to the time initially last by reason orate delay. 3. WARRANTY. The Seller warrants that all goads, amides, matelots and work coved by this order will scar.. with applicable drawings, specifications, samples arbor other description given, will h fit for the purposes intended, and Performed with the highest degree of cart and competence in accordance with accepted sundards for work of a similar nature. The Seller agrees to hold the purchaser haenless from my loss, d usage or expense which the Purchaser may suRer or incur on account of the Sellers breach of warranty The Seller shall replace, repair ar make ,and, without cost to the purchaser, any defects or faults arising within one (1) year or within such loner period of time as may be prescribed by law or by be from army applicable waranty provided by the Seller aft« the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting farm inapmact or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not Omand, a waiver ofmy claim under this warranty. Except as othmvise Founded in this pumas order, the Sellers liability hereunder shall extend to all damages proximately moved by the breach of any of the foregoing warranties or guamntres, but sash liability shall in no event include lass of profits or loss of tie. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERSIS. The Purchaser may make changes to legal tents by wnnm change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make my changes to the terra, other than legal warm. including additions to or deletions from the quantities originally ordered in the speci ficatiom or drawings, by venial or written change order. If any such change affects the amount due or the time ofperfonnnnee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as in, my or all portions of the goods then not shipped, subject to my equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for mlmipmed prof¢ oa the uncompleted portion of the goods and/or work, far incidental or consequential damages, and that no such adjustment he made in favor arms Seller with respect to my goods which art the Sellers standard stuck. No such termination shall relieve the purchaser Or ac Seller ofmy of their obligation to to my goods delivered hereunder. lu CLAIMS FOR ADMSTMENT. Any claim for adjustment mist he asserted within thirty (30) days from Ind dart 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 fumished in strict umplimce wilh all applicable laws and regulancom to which the goods are 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 morporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold are Purchaser hmaki from 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, uanfer, or comry, this cad«, or my monies due or to become din hereunder without am prior wainm comes, ofde other parry. 10. TITLE. The Seller warrants full, them and unrestricted dale ta the Purchaser for all equipment, materials, and inn famished in lane wce of this agreement, fin and clear of any and all lien, mountains, ma rvatious, security mteacst encumbrances and claims of others. The Seller shall release the Purchaser send it, contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the may released and shall extend m the directors, officers, and employees of such patty. The Sellers contractual obligations, including vacancy, shall not W domed to he reduced, in my way, became such work is performed or caused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is r,.am muse any design, device, material or process covered by lam, paten, trademark or copyright, the Seller shall indemnify and save harmless the Puchasm from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch 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 arch suit held to constitute inGngcment and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fur the Purchaser We right In continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the berth of creditors, appoint a madver or aunee for my of she Sellers property or business, this off« may foNrwilh b, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terms used or tM interpretation of the agreement and the rights afall parties hereunder shall be contused under ink governed by ac laws cram State ofColorWo, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including he services of severs Represenmtiverm, on the premises of mars. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Seller's own risk until the same is billy completed and accepted, and shall, in case of any accident, destruction or injury to the work anfor materials before Sellers final completion and occurrence, complete ere work at Sellers own expense and to the satisfaction Of the Purchase, When materials and equipment art furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same al the it, and become asponible therefor as though such materials anfor equipment were lacing famished by the Seller rod« the codes. 18. INSURANCE. The Sell« shall, at his own expense, provide for the Fuyment of workers compensation, including occupational disease benefts, to its employees employed on or in connection with ere work covered by this purchase order, anfor to their dependents p accordance with am Iowa of are state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited f, mrsimmmal and automobile public liability insurance with bodily injury and death limits OF at least $300,000 for my one person, $500 000 for my one accident and proper damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenilicah that such compensation and insurance have been provided. Such certificates shall specify the dine when such ompenscrom and insurance have been provided. Such certificates shall specify ere dale when such compensation and insurance export, The Sell« agrees pat such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examover ere more mspuarombility and liability fin my cod all damage, loss or injury army kind nature whatsoever 1a peaso or property caused by or resulting from ere exemfiOn of the work provided fore this purchase order or in camection herewith. The Seller will indermif, and hold Formless the Purchaser and my r all of the Purchasers officers, agents and employees farm and against my and all claims, losses, damages, charges or expenses, whether direct or indicted, and whether to person or pmpmy to which the Purchaser may be put or subject by reason of any rot, action, neglect, omission or default on the part of are Seller, any of has contractors, or any of the Sellers or contractors officers, agents or employees. In cone my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any ad, action, neglect omission Or default of the Set let of my 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 an defend the same at the Sellers own expense, to pay any and all cams, charges, amormys fees and other expenses, my road all judgments not may be incurred by or obtained against are Purchaser of any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien b, placed upon or obtained againt the property cards, Purchaser, or said parties in Or as a result ofsuch suits or offer proceeding, the Seller will at Once cane the same to he dissolved and diuhasged by giving board or otherwise. The Seller end his contractors shall take all safety pimmition, famish and install all guard aecesvry for ere prevention of accidents, comply with all haws and regulation with regard to salary actuating, but without limiwion, are Occupatianl Safety and Health Ad of 1970 and dl rules W mmlatinn issued parmi at damn. Revised 03a010