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HomeMy WebLinkAbout108921 AGFINITY INC - PURCHASE ORDER - 9142998City of F„6rt Collins Date: 05/30/2014 Vendor: 108921 AGFINITY INC PO BOX 338 EATON CO 80615 PURCHASE ORDER PO Number Page 9142998 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 05/30/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Bulk Fertilizer 2 Crop Bags 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 1 LOT 22,889.45 LS 115.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt dominate and local taxes Our Exemption Number is 11. NON W AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Forebear to insist upon strict performance of the terms and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 3926, 114 Ed, exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller is the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due no failure to meet specifications, eihe when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in toamih may be rammed a you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof., any of its rights or remedies as to any such go.&, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any prompted coal modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS me subject to the City of Fort Collins inspection on arrival, herself, Final Acceptance Easeful of the normhoodec, serviese, or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS, anthorized payment on the port of the Ciry of Fod Collins_ However, it is 1. be understood that FINAL Seller and the Purchaser recognize that in actual economic pmclar, o ercharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser Theretofore for goad cease and as consideration for executing this purchase under, the Seller hereby assigns to the Purchaser any and all claims it may now have or henchmen Freight Terms. Shipments must be F.O.B., City of Fotl Collins, 700 Wood S., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges reaming to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuunl to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers bave distributing points in various pars of the coumry, shipment is If the Purchaser directs the Seller to cored nonconforing or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indiveres its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all oats associated with such work. Permits_ Seller shall procc a at sellers sole cast all necessary peraim, certificates and licenses requi M by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or occurred by any .,he, duly innovated public authority havingjunsd elion over the work of vendor. Seller further agrees to hold the City of Fart Collins hornless from and against all liability and lass incurred by them by rcamn of an asserted on established violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and am date authority 10 bind said I ules. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the aeons and conditions soled herein Is, forth and any supplementary or additional terms and conditions amdexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected m and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot broke complete shipment to amve on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected wchip 'he lime stated on the purchase aide, and the documents attached hotel.. No arcs of the Purchaser, including, without limitation, acceptance of partial late delivence, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall 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 not be liable for damages as a result of delays due m raises act renmwbly foreseeable which me beyond its reasonable control and without its Gull of negligence, such acts of God, and, of civil in military authorities, governmental priorities, fires, strikes, flood, epidemics, wars o, riots 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 date of delivery shall be extended polka period bled to the time actually last by reason of me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competitive in accondande with accepted standards for work of a similar namrc. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arinng within one (1) year or within such longer period of time as may be prescribed by lawof by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance mono hi unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except . otherwise provided is this .chase .,do,, he Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of free foregoing warranties or guarantees, but such liability shall in no event include loss ofprofils or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes do legal terns by wrrten change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hard, other than legal terms, including additions to or deletions from the graboaes originally ordered in me specifications or drawings, by verbal or written change order. If any such change aRecfs the am.unl due or free time ofpe,faameree hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, to note this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or =lariats then in progress provided thil me Purchaser shall at be liable for any claims for anticipated profits on the uncompleted portion fif the goods anspo, 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 me Sellers standard stock. No such renminalion shall relieve the Purchaser or me Seller of any oftheir obligations As to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from me date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in stem compliance with all applicable laws and regulations no which the goods an, 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 incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless foam all costs and damages suffered by the Purchaser as a result of the Sellers failure no comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor warted consent of the other party. 10. TITLE. The Seller —1, full, claim it umestr ded title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, reshictimta, reservations, gonfity interest encumbrances and claims sportiness. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance .Ruch work. This release shill apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnity and save hamiless the Purchaser from any and all claims for infringement by reason of the had of such patented design, device, material or process in connection with the contract, and shall indemmify the purchaser for any coat, expense or damage which it may be obliged to pay by rcamn of such 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 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 i,, option, either procnm for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ideal but oar efir own, equipment, or modify a so it been mcs aaninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a deceiver 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 oftemts used or the inteprelation of the agreement and me rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is he perform work hereunder, including me services cordillera Representatives), oa the premises crackers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shill, e of any accident, destruction or injury to the work arbor materials before Sellers final completion and acceptance, complete the work at Senors own expense and to the satisfaction of the Purchaser. When materGLs and equipment are famished by others for installation be erection by the Seller, the Sells, shall receive, un[oad, store and handle same at the site and became responsible therefor as though such nationals maker equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disco. benefits, to its employees employed on or in connection with the work covered by do, purchase order despair to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller shall also carry comprehensive general liability including, be, not limited to, commands] and automobile public liability insurance with bodily injury and death limits of at least 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 ontmumn, if any, to provide for suit bompensmon and insurance. Before any of the Sellers or his contractors employes shall do any work upon she promises of the., the Seller shall Pomish the Purchase, with in artficate that such compensation and insurance have been provided Such ecrtificatcs shall specify me date when such compensation and insurance have been provided. Such certifieats shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and irtsumnce shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, lass or injury above kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided form this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any cr all of me Purchasers officers, agents and employes from and against any and all claims, losses, damags, charges or expenses, whether direct or indirect, and whether to persons or property m which me Purchaser may be put or subject by reason of any ad, action, neglect omission or default on the pan of the Seller, any of his contractors, at any of the Sellers or contractors officers, agents or employees In case any 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 act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees by aforesaid, me Seller hereby spores to assume the defense thereof add m defend me stone at me Sellers own expense, to pay any and all costs, charges, anomrys fees and other expenses, any and all judgments that may be incurred by or commit against the Purchase 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 Purchaser, or said patties in or m a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diwbargM by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wish regond to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised OV2010