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HomeMy WebLinkAbout111481 BETSY ROSS FLAG GIRLS INC - PURCHASE ORDER - 3214402PO PURCHASE ORDER 321440er Page City of PURCHASE 14402 1 of z `t Collins( This number must appear V 1 1 on all invoices, packing sli s and labels. Date: 07124/2014 Vendor: 111481 Ship To: POLICE DEPARTMENT BETSY ROSS FLAG GIRLS INC POLICE SERVICES 11420 E NORTHWEST HWY 2221 SOUTH TIMBERLINE ROAD DALLAS TX 75218-1425 FORT COLLINS CO 80525 Delivery Date: 06/23/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price I US and Colorado Flags 1 LOT LS 399.00 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.00m Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and luml ores. Our Exemption Number is 98-04502. Federal Excite Tax Exemption Certificate of Registry 94-6000587 u registered with the Collector of Formed Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifirmimss, educe when shipped or due to defects of damage in roar, may, be resumed to you for credit and ate or to be replaced except upon receipt of written instructions from the City of Fun Collins. Inspection. GOODS me subject to the City effort Collins inspection on arrival. Find Acceptance. Receipt of the earrrchandise, services or equipment in raponx to this order can result in authorized poymma on the pan of the City of Fort Collins. However, it is no h understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms Shipments must be F01., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise sped fed on this order. If permission is given to prepay freight and charge separately, the original freight hill mum acmmnana invoice. Additional chances for oatkine will nor be acamed. Shipment Distance. Whom nlannfe t nds have distributor, points in various parts of the country, shipment is expected from the nearest distribution point to dntinarion, and excess freight will be deducted from Income when shipments me made from greater distance. Permits. Seller shall procure at seller sure cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the stale, municipality, territory or political subdivision where the work is preformed. or required by any other duly arts hated public authority having jurisdiction over the work of vendor Seller found agendas to hold the City of Fort Collins harmless from and against all liability and In. mcuod by them by mown of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Adumbration. All pudic to this comma agree that the mporeammtives are in fact, bona fide and as.. full and complete authority no bind said panics. LIMITATION OF TERMS- This Purchase Order expressly limits acceptance to the temu and conditions staled herein set forth and any supplementary or additional term, and conditions annexed human or incorporated herein by reference. Any additiuul or different terns and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dare as noted. q inns is of the essence. Delivery and performance most be effected within the time slated on the purchase order and the documents attached hereto. No uds of the Producers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provicien. In the event of any delay, the Purchaser shall have, in addition m other regal and equitable ma dies, the option of placing this card elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable far damages az a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such awls oFGmk tars ofcivil or miblary authorities, governmental primilies, fees, sacirms, Bond, epidemic, wars an mots provided that notice of the conditions causing such delay is given I. the Perdido, 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 he extended for the period equal to the time mNally last by reason of the delny. 3. WARRANTY. The Seller wwams cast all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples tanker other descriptions given, will br, fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a 'milt ..,are The Solid agrees an hold the purchaser homeless from any less, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach cf warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any def es or faults arising within one (I) year or within such longer peril of time u may be prescribed by law or by the tam, array applicable wammy pmvidd by the Shcd mar the dam of acceptance of the goods fumuhd hereunder (acceptant not to be u u.nably delayed), resulting from imperil or defective work done or materials fumisM1ed by the Sella. Acceptance or use of goods by the Purchaser shall not onestitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase card, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss orp ofe, 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 to legal tames by canner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or delelmm from me quantities originally ordered in the specifications of drawinµs, by verbal nr wnnen change order. If any such change affects the amount due or the time ofpdm fnrance heremtdd, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wmiaen change order, modern, this agreement as to any or all portions of he goods then not shipped, subject to any equitable adjusment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prois on the uacomplud! portion or the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to my goads which art the Solids standard stock. No such termin lion shall relieve the Purchaser or the Seller army of their obligations, as to any goods delivered grounds, I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he exaened within m ry (30) days fmm the date the change or ¢oniwtion is udered. 8. COMPLIANCE WITH LAW. The Seller wamn6 that all goads sold heeunder shall have been preduced. sold, delivered and famished in said compliance with all applicable laws sal regulations or which the goods are subjrer. The Seller shall exemte and deliver such documens w may be required to effect or evidence compliance. All laws and regulations required to h incorporated in agreements of this chamtter are hereby incoryommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatless fmm all roa. and damages suflnd by the Purchaser az a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Fury shall assign, tratesfa or convey this order, or any monies due or to become due hereunder wi0munhe prior with consent ofthe order parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and hems famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, aecunty interest encumbmnen and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay, m y rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a breach, anthe andrmm'e of or paymrnr for goods heremuler or approval afebe design, shall vat release and Seller of any of the wumantirs or amigation, or this purchase order and shall trot be deemM a waiver of any right of the purchaser ro insist upon .at perfomanrd hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser recognve that in actual economic practice, overcharges resulting m amount violations are in fact borne by the Product Theretofore, forgoodroux and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or stare induced laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m correct momonfoming or defective goods by a date an ha agreal upon by the Purchaser and the Sella, and me Seller tharmfer indicates its inability m unwillingness to comply, the purchaser may amuse the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. I he Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This sleaze shall apply even in the event of fault of mgligmce of the pan, rebound and shall extend m the directors, olficds and employees of such Pang. The Seller's co uredin l obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is pdrfined or mused to be Performed by the Purchaser. 14. PATENTS. Whenmed the Seller is required to use any design, device, .,coal or process covered by loner, mars, mderm rk or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, doder, material or process in connection with the comet and shall indemnify the Purchaser far any cast, expense or damage which it may be obliged m pay by rmson of such infringement at any time during the proseeution or alter the completion of the work. In case said equipment, or any pan Hereof or the intended use of the goods, re in such suit held to constitute inGngement and the use of said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parrs, replace the same with substantially equal but ..air..,, equipment, or modify it so it becomd non infringing. 15. INSOLVENCY. If the Seller shall become insolvent or tankard, make an assignment for the benefit of creditors, appoint a receiver or trustee fur any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms usal or the interporm on of the agreement and the rights of all panim haeeurader shall be removed under and gm'emd by the laws ofthe Sum of Colorado, USA. The following Additional Conditions apply only in cand, where the Seller is to perform work hereunder, including the services of Sellers Relowere tive(sL on the premises crashers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and mceptd, and shall, in race of any accident destruction or injury as the work analar materials before Sellers fret completion and generator, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or dealing by the Seller, the Seller shall receive, unload, store and handle tame at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including accupotimml disease benefts, to its employees employed on or in connection with thr work dimmed by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to b, 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 at least S300 000 for any one proton, 5500,000 for any one accident and property damage limit per accident of Soo ,"b The Seller shall likewise require his commands, if any, to provide for such compensation and insurance Before any of the Salida or his comments employees shall do my work upon the premises of others, the Seller shall furnish the Purchased with a certificate that such compensation and mount have teen provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ce tifcates shall specify the dam 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 accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass es the entire responsibility, ad limiliry far any and all damage, lass or injury afaay kind or name whalsoner to persons or property, wit dby or resulting team 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 r all of ache Purchasers officers, agents and employees from and agmma any and all claims, knows, damages, charges or expenses, whether direct or indirect, and whether to persons or property be which the Purchaser may be put or subject by reaon of any act, action, method, omission or default on the pan of the Seller, any of his comrdcmrs, or any of the Sellers or mmmeton of cent, agents or employees. In onsio any suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any act action, gargled, omission or default of the Seller of any of his commadon or any of its or their officers, agents or employees res aforesaid, the Sella hereby ogre. to assume the defense theranf and to defend the same at the Sellers own expc., no pay any and all cos., charge, olrourn, Tres and he, expenses, any and all judgments that may he incurred by or obtained against the Purchaser 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 parties in or as a result of such suits or other proceedings, the Seller will m once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safer, precautions, fumish card install all guards necessary for the peevessum of urken., comply with all laws and oftabriom with regard to safety including, but wididd Irmimdoo, the Occupational Safety and Health Act of 1970 and Al tales ad regulations issued pursuant thereto. Revised 074MI4