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HomeMy WebLinkAbout189979 FRONT RANGE COMMUNITY COLLEGE - PURCHASE ORDER - 9144747PO PURCHASE ORDER 914474er Page C117/ of PURCHASE 44747 tot z `t Collins( his number must appear V " 1 1 on all invoices, packing sli s and labels. Date: 08/15/2014 Vendor: 189979 FRONT RANGE COMMUNITY COLLEGE LARIMER CAMPUS DIANE WALTMAN-HORTICULTURE DEPT 4616 S SHIELDS ST FORT COLLINS CO 80526 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 08/14/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Spring Plant Sale 1 LOT LS 5,275.00 invoice dated Aug 13, 2014 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@fogov.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 1. COMMERCLV.DETAILS. Tax exemptions. Britannic the City of Form Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Par Colorado Revised Smmte 1973, Chapter 39-26, 114 had, Goods Rejected. GOODS REIECTED due to failure to meet spmi fications, either when shipped or due to defects of damage in trareit, may be terminal in you for credit and me not to W replattd except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Collins inspection on artivid. Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in authonud payment on the pact of Ne City of Form Collins. However, it is to in, understood that FINAL ACCEPTANCE is dependent upon completion of al I applicable required impetion procedures. Freigln Terms. Shipments most be F O.B., City of Fun Collins, 700 Wood St. Fort Collins, CO 80522, unions otherwise specified on this order. If permission is given to prepr, freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accept d. Shipment Dance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nmmt distribution point to destivatlon, and excess barium will her deducted from Invoice when shipments nor made form greater durance. Pounds. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses mryited by all applicable laws, regulations, ordinance and roles of the sane, municipality, remtory, or Political subdivision where the work is performed, or required by any other duly comaimted public authority having junsdiction over the wad of vendor. Seller further agrees m hold the City of Fun Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authmvztion All panic to this contract agar that the represenmtisa ate, in fact, bony rare and possess full and ample, authority 1. bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits maintance to the terms and conditions stated herein se forth and any supplementary or additional tams and conditions annexed herein or inempomted herein by reference. Any additional or diffirent toms and coditions proposed by seller art objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is of me essence. Delivery, and Perlmmmis must he effected within the into stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, zccepm art of p rmial Imo deliveries, shall operate as a waiver of this provision. In the evem of any delay, the purehaer shall have, in addition to other legal and equitable remdies, the option or plot, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ss a result of delays due 1a causes nor reasonably Estacada which are be5rnd its reasonable contml and without its fault of negligence, such ass of Gd, acts of civil or military mthoritia, governments] Families, fires, w-kcs, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given 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 pentad 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 contort wits applicable drawings, specifications, samples and/or other descriptions given, will be N for the purposes intended, and performed with the highest degree of care and compckme in accordance with accepted ministers for work of a imilar nature- The Seller egret 10 hold the purchaser harmless form any loss, damage m expeme which the Purchaser may suRm or incur on account ofthe Sellers breach ofwananry. The Seller shall replace, repair or make good, without a s, a the pmchamr, any defers or faults arising within one (1) yen, or within such longer period of time as may be prescribed by law or by the toms of any applicable warranty provided by the Seiler after the date of acceptance of the goods famished hereunder (acceptance not 10 be mcamonab]y delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty, Escepl as otherwise provided in 111is purchase order, the Sellers liability hereunder shall extend in all damags proximately caused by the breach of any or the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 change 10 legal toms by wrn,at thinge, order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due ter the time of perfomlance hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Pmchaer may at any time by wriven change order, terminate Nis agreement as to any or all routines of the goad than not shipped. subject to any equitable adjustment between the panic as to coy work or maternal, then in progess provided that the Purchaser shall not the, liable for any claims for anticipated profits on the uncompleted Portion of the goods ardor work, for incidental or essmaucnlul damages, and that no such adjustmen[ be made m favor of me Seller with respat to any goods which art lie Sellers standard stock. No such nomination shall relieve the pumhder or the Seller ofany of their obligations as to any goods delivered hemrdm. T. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment must be asserted within thirty (3o) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants then all goods sold remainder shall have been produced, sold, delivered and fumishad in strict compliance with all applicable laws oM regulations m which the good are subject, The Seller shall execute and deliver such documens as may be national an dr l m evidence compliance. All laws and regulatims rrynired 10 be incorporated in agreements of this chamcte are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless Ever all costs and damages suffered by the Purchaser as a result of the Sellers failue in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior condom consent Of the other party. 10. TITLE. The Seller wammts full, clam and umcrriered title to Nc Purchase, for all equipmatt materials, mad to. f shN in performmce of this agreement, fire, and clear of any, and all tiers, rsuicrims, rserva,i s-. security lot. mcumbreacc and claims ofodwrs. 11. NONWAIVER. Failure of the Purchaser to insist upon smut peRormance of the tenor aM conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval orthe design, shall a., release the Seller of my of the wamentic or obligations of this purchase order and shall not be deemed a waiver of any right of rise purcham, to insist upon strict performmce heremfor any of its rights or remedies as no any such goods, regardless of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shell any ptupnned cool modification or rcwission of this purchase order by the Foochaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in actual economic practice, overcharges resulting firm antitrust violations are in fact home by the Purchaser. Theremfom for good came and as consideration for execnfing this purchase order, the Seller hereby assigns m tire Purchaser any and all claims it may now have or hereaner acquired under federal or stare antitrust laws for such overcharges relating to the pradial. goods err services purchased or acquired by the Pumbaur Pronounced to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nomronfcrming or defective goods by a date to be agred upon by the purchaser and 0me Seller, and the Seller thereafter indicates its i ability or unwillingness to comply. the Purchaser may cause the work to be perfOnned by the coos, expeditious meters available to it, and do, Seller shall pay all owns assaiald wiN such work. The Seller shall release the Purchaser and ins contractors of any ,der form all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the parmy released and shall extend To the directors, oRc us and employees ofsuch party. The sidices contractual Obligations, including warranty, shall not be deemed to be, reduced, in any way, because such work is performed in council to be perforcod by 0me Pitchman. 14. PATENTS. Whenever the Seller is requited to use any design, device, material or progress covered by lever, motor, trademark r copyright, hire Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngenent 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 of such infringement at any time during the prosecution or site, the completion of the wad. In case said equip.-,. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoind. the Seller shall. a1 its own expense and al its option, either procure for the Purchaser the right 1. continue using said equipment or pans, replace the same with substantially dual but norrinfringing equipment, at modify it sec it becomes rwninfring rig. 15. INSOLVENCY. If the Seller shall become insolvent or barrkmpr, rake an assignment for the batcfit of creditors, appoint a receiver or trustee for any of the Sella, property or business, this order may forthwith Inc canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be ...ad under and governed by the laws of the State afC.Imaw ks. USA. The following Addtional Conditions apply only in cases where the Seller is to perform work hereunder. including Ne senics of Sellers ReprerentationdEr on Ne premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, suit shall, in case of any accident, destruction or injury to the work mNor matelots before Sellas final completion and acceptance, complete the work at Seller's own expense and to the sntisfacfion of the Purchase,. Wben materials and equipment are fuuishd by others for installation or erection by the Seller, the Seller shall receive, unload some and handle same an the site and become responsible therefor as though such materials and/or equipment were being Enmeshed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compatsmion, including occupational disease rectum, in its employees employed on or in connection with the work covered by this poodow, order, arbor 10 their dcpeadens in accordance with the laws of the state in which rise work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, committed am automobile public liability insurance win bodily injury and deaF limits of at least $300,001 for any one penun, $500,000 for any one accident and pmpmy damage limit per accident of 5400,000. The Seller shall likewise mr im his contractors, if any, to provide for such compensation end insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, Ne Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such conditions shall specify the date when such compensation and insurance have been provided. Such compare shall specify the date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained until after the entire work u completed and eettpled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunw,the entire rtsponsibility, and liability for any and all damage, loss or injury ofany kind or nature whatsoever to permits or property caused by or resulting form 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 any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property is which the purchsse may Far put or subject by reason of any act, action, neglect, omission or default on the pan of the Sellea any of his contractor, or any of the Sellers or connectors officers, agents or employees. In use 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, oaussim or default of the Seller of my of his contr ang; or my of its or their officers, ogres or employees as aforesaid, the Seller hereby agrees to assume the def thereof aM to defend the same an the Sellers own expense, to pay my and all costs, charges, attorneys fees mad order expenses. my and all judgments that may be 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 order 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 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, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pmmnt thevlo. Revised 072014