Loading...
HomeMy WebLinkAbout208277 CINTAS FIRST AID & SAFETY - PURCHASE ORDER - 3214063 (2)City of /11"v orlt Collins Date: 09/24/2014 Vendor: 208277 CINTAS FIRST AID & SAFETY 11411 E51STAVE DENVER CO 80239-2607 PURCHASE ORDER PO Number Page 3214063 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/22/2014 Buyer: PAT JOHNSON 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 2 Addendum to add additional funds per req 48105 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 15,000.00 Total $15,000.00 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. COMMERCIALDEfA1LS. Tex exemptions. By smtuse the City of Fort Collins N exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98414501. Federal Excuse Tax Exemption CMificate of Registry 84.boo0587 is registered with the Collector of Failure of the Purchaser to insist upon social performance of the terms and condition, hereof, failure or delay in Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stoma 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly codify the Seller in the event of a breach, the aormear ce of or payment for goods hereunder or approval offs, design, shall not micas, the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either 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 is transit, may Ise rearmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perf rmance hereofc, any of its rights or remedies as to any such goods, 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 purported oral modification or rescission arms purchase order by the Purchaser operate as a waiver of any of the burls Inspection. GOODS= sub to m the City of Fort Collins inspection an arrival. hereof. Firul Acceptance. Receipt of the meuhandise, urvica or equipment in response an this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the For of the City of Fort Collins. 11.war vis, it is to be understood dal FINAL Seller and the Purchaser ,aognixe that in actual economic pardec, occrehages mul ling from antitrustup ACCEPTANCE is depended on completion of all applicable required inspection procedures. violations are in fact bore by thThfor e Purchaser. —ae, forgoodsome and as consideration fro executing this purchase coda, the Seller hereby assigns m the Purchaser any and all claims it holy now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, VW Wood St., Fort Collins, CO 80522, unless acquired under federal or state intitmst laws for such oveuharga relating to the particular good or services otherwise specified on this order. Ifpermixem is given to prepay freight and charge separately, the original freight purchased or acquired by the Prosser, pursuant te, this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in suntans or of the country, .shipment is expected from tn he esm a distribution point to destination, and excess freight will be defamed from Invoice when shipments are made from grtamr dishare. Permits. Seller shall procure at sellers sole cost all era., permits, certificates and licuram required by all applicable laws, regulations, ordiwnc s and roles of the stain, municipally, mrrimry or political subdivision whom the work is performed, or required by any other duly committed public authority having jurisdiction ova the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and agaiml all liability and loss incurred by them by reason of an assemed or armlis6ed violation of any such laws, regulations, ordinances, rules and incitements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set both and any supplkmcreary or additional terms and conditions annexed hereto or incorporated haein by reference. Any additional or dilTerau lams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to once oa your Promised delivery date as rimed. lime is of the.0 Delivery and peif... most be elgated within the time stited on the purchase order and the decommts structural hereto. No acts of the Purchasers including. without limitation, acceptance of pariah late deliveries, shall op—m as a waiver of Nis provision, to the rem of any delay, the Part shall have, in addition to other legal and ymarble remedies, the option ofpl.ci, this aide, eluwhene and holding the Seller liable for damages. However, the Sell,, shall not bo liable for damage as a renal, of delays due to causes not reasonably foreseeable which are beyond in reasonable control and without its fault of negligence, such our fGod, acts ofcivil or miblary authorities, governmental priorities, lines, strikes, flood, epidemics, wars or rims provided and notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when fie Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella woments West all goods, articles, materials ahtd work covered by this order will conform with applicable drawings, specifications, samples mtdAa other dacnInums given, will be fil far the Purposes intended, and pet rated with the highest degree of cart and competence in accordance with accepted saudards for work of a similar cadre. The Seller agrees to hold We purchaser harmless from may loss, damage or expense which the Facilitator may stager or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, may defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the arms of any applicable warmmy provided by the Seller after the date of acceptance of the goads famished hereunder baceptinae not to be unreasonably delayed), mialling from imperfect or defective work door or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimm a waiver of any claim under this warranty. Except as otherwise provided in Was purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waranties or guarantees, but such liability shall in no moot include loss ofpmOts 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 terra by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mitre, other than legal temd, 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 or the time of perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mmrinate this agreement as m any or all portions of the goods then not shipped, subject to any equitable adjustment bcmvkn the parries as to any work of materials then in progress provided that the Purchaser shall Out be liable for any claims for anticipated profits on the uncompleted portion of are good and/or work, for incidmlal or comemential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sell— sanded m ak. No such remtinatim shall mliev, the Purchaser or the Seller ofany of fair obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjdtmem must be adefed within thirty (30) days from the dare the change or mnnin:nim is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulatimvs to which the good 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 incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to irMenmify and hold the purchaser harmless fern all cows and damages suffered by the Purchaser as a result of the Sell— fv'lure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign transfer, or convey this order, or any monies due or to become due heeunda without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agmement, free and clear of any and all liens, restrictions, reservations, secunty interest encumbrances and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m correct nonconforming or defective goods by a date to be, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Pushover and its contractors of any ties from all liability and claims of any matter, resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the perry released and shall amid in the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be dremed to be reduced, in any way, because such work is perfonnttl 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 Ime, patent, bookmark or copyright, the Seller shall indemnify and save hounlas the purchaser f any and all claims far ififimpro d by reason of the use of such parented design, device, material in process in compeion with the contract, and shall indemnify the Purchases for any cost, apersse or damage which it may be obliged to Pay by amen ofsuch infnngement at any time during the proseclnion in after the completion of the work. In cave said equipment, in any pan thereof or the intended use of the goods, is in such suit held to accurate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the night to continue using said equipment or purls, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baNcmpq make an assignment for the benefit of creditors, appoint a receiver or truster for any of brainiest, Sellers property or braint, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitimss off. used or the frnumbar n TrEc agreement and the rights ofall parties hereunder shall be consoled under and governed by We laws ofhe Sue of Colorado, USA. The following Additional Conditions apply only in cam where the Seller is to perform work hemunda, including the services of Sellers Rcpresensalivi s), on We premises d others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work nnd/o, mateaia6 before Sellers Rol completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchder. When materials and equipment arc famished by others for instillation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials soul equipment were being fmishedd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compensation, including occupdional disease benefits, be its employees employed on or in connection with the work mvkred by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be 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 $300,000 for any one pension, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premiss of others, the Seller shall mouth the Purchaser with a certificate that such compensation and insurance have ban provided. Such cmificaws shall specify the date when such compensation and insurance have been provided. Such carlificates shall specify the date when such compensation -it insurance expiro. The Seller epees dal such comparison and imuance shall be maintained wail env n,c entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes she entire mspmuibiliry and liabil iry for any and all damage, loss or injury ofeny kind r nature whatsoever to persons or property caused by or resulting farm the execution of We work provided for in this purcbax order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchdcrs officers, agents and employees from and against any and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any set, action, neglect, omission or default on the pan of the Seller, any Of has contactors, or any of the Sellers or contractors olEcas, agents or employees. In are any suit or other proceedings shall be brought against the Purchase, or its appear, agents or employees many time on account or by reason of any act, action, neglect, omission or defult of the Seller of my of has contractors or very of its Or their affic—, agera or employees as aforesaid, the Seller hereby names to assume the dalesse thereof and ro defend We sin at the Sell- own expense, a pay any and all costs, charges, zhxAi fees and other expenses, any and all jedgmera and may be memered by or Obtabrcd We., 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 br placed upon or mrsmed against th<properly ofthe Probsser, or said panic in or d a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or mhetwiu. The Seller and his contractors shall take all safety precautions, finish and install all guards necessary for the prevernm of accidents, comply with all laws said regulations with regard to safety tutoring, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pmsural grant. Revised 07aO14