Loading...
HomeMy WebLinkAbout545980 NORTHERN COLORADO FOOD CLUSTER - PURCHASE ORDER - 9146837PO PURCHASE ORDER 914683er Page City. of 9146837 tofz ' `t Collins lI„s This number must appear ` V ` 1 1 on all invoices, packing sli s and labels. Date: 11/21/2014 Vendor: 545980 NORTHERN COLORADO FOOD CLUSTER PO BOX 1545 FORT COLLINS CO 80522 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/21/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 Winter Markets 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 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is m ismred with the Collector of Failure of the Purchaser to insist upon strict performance ofthe toms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtu 1973, Chapter 39-26, H4 (a). exercise say nghts or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the arcEphanee of., payment for good hereunder Or approval of the design, shall not micom We Seller of Goods Rejeatd. GOODS REJECTED due to failure to meet specifications, either when shipped m due to defers of any of the warranties or obligations of this purchase order cnd shall net as dttmed a waiver ofany right of the damage in o-amit, may he rerumed m you far credit and ate not 0 be replaced except upon receipt of wrium purchacer to insist upon swot pert amuc hermfor any of its rights or remedies as to my such good, regamless imwcuons from the City of Fen Collins. of when shipped, received or accepted, ss many prim m subsequent default hereunder, we shall my patpartcd oral modification or rescission of this purchose order by the Purchaser operate as a waiver of my ofthe terms lespe Lion. GOODS arc subject to the City officer Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. omumnxed payment era the part of the City of Fort Collins. However, it is m be understood that FINAL re Seller and the Purchaser recognize that in actual economic practice, overcharge, stating fiom antitrust upo ACCEPTANCE is dependent n completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for pod cause and as consideration for executing this purchase order, the Seller hereby assigns m due Purchaser my and all claims it may new have or hereafter Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sum amim of laws for such overcharges relining to the particular goad or servicas otherwise specified an this when Upemtission is given to prepay freight and charge separately, the origiml freight purcbnscd or acquired by the Pamperer pursuant to this purchase oat bill mast accommnv invoice. Additional changes for parking will Out he accepted. Shipment Distance. Where manufacturers have disnibming points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dedit from Invoice when shipments are made from greater dlsmnce. Permits. Seller shall procure at sellers sole cost all necessary pertains, certificates and licenses required by all applicable laws, mgulatiow, ordinances and rules of the state, municipality, mi imry or political subdivision where the work is performed, or required by any obef duly comtimmd public authority hovingjunsdictmn over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss near d by them by reason of wo assnted or established violation of any such Laws, regulations ordintnces, tales and requirements. AmIumarmon. All parties to this contract agree that the representatives are, in fact, bmta fide and poa.. full and ompiee authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the on. and conditions stated herein set with and my supplementary, or additional terns and conditions annexed hereto or inmrpomtd herein by reference. Any additional or different coma and conditions proposed by seller are objected to and hereby ajected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. carman make comPlate shipment m mine era your premised delivery time as noted. Time is of the assence. Delivery and perforrowne most h elfectd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, 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 his .,tier elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a milt of delays due to causes not measurably foreseeable which arc beyond its reasonable commit and without its fault of negligence, such arts OfGOd arm of civil or military authorities, govemmmul priorities, Gres, strikes, Rood, epidemics, wars of was provided Baal mutt of the conditions causing srich delay is given m the Purchaser within Five (5) days of the time when the Seller first receivd knowledge thereof. In the event of my such delay, the date of delivery shall be extruded for the pmd equal to the time actually lost by remain of line delay. 3. WARRANTY. The Seller warrants that ell 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 competence in accordance with accepted standard for work of a Similar mamre. The Seller agrees to hold the purchaer harmless from my loss, damage or expense which the Pmchiser may sufferer incur on account ofthe Sellers breach of warranty. The Seller sball replan, repair or make good, without cost to the pai cM1astt, any defau or faults arising within one (1) year or wihin such longer period of time as may be prescribed by law or by We reins ofany applicable warranty provided by the Seller after the date of reseptava of the goods fumuhed hereunder (acceptance not to h unreasonably delayed), resulting from imperfect or defective work done or materials fmn¢hed by the Seller Acceptance or use of good by the Purchaser shall not onstirate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, 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 shot[ in Um event include loss of profits or lass of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal corms by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, ether than legal terms, including additions to or dcletio s from the gfarnfrsmiginally ordered in the spmi0canionn or drawings, by verbal or woman change order. If any such change affects the amount due or the time ofperfornmnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wimen change reed, momimam this spectrum U, to any or all portions of the goods then not shipped, subject to any equitable edjustmew between the parties as to any work or materials then fir Fragrant provided dial the purchaser shall rim he liable for any claims for anticipated parties on toe uncompleted portion of the goods nnNor work, fin incidental or consequential damages, and that no such adjustment he trade in favor of the Seller with spat to any goods which m, doe Sellers started stock. No such mrmimtion shall relieve the Purchaser or the Sella ofany oftheir obligations as to any goods delivered hercundm. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the doe the change or neemir stow is ordered. 8. COMPLIANCE WITH LAW. The Seller wesrants their all goods sold hereunder shall have been produced, sold delivered end fumuhed in inner compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such do promo ss may h re mird to effect at evidence compliance. All taws and regulations required to be nco,comed in agreements of this character are hereby incorporated harem by this refermu. The Seller agrees a indemnify and hold the Purchases harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wndm comma office other proxy. 10. TITLE. The Seller winnows full, clear and uhhre word title her the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liras, namiedwe, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffle Purchaser directs the Seller to correct nonconforming or defective goad by a dam to h agreed upon by the Purchaser and the Sellee, and the Seller thermfier indicates its Inability or unwillingness to comply, the prchaser may cause the work to be perfomed by the most expeditious meets available to it, and the Seller shall pay all Costs associacd with such work. The Seller shall release the Purchaser and its ronuamrs of my tier from all liability rest claims of any mature resulting from the perfommance ofsuch work. This relmu shall apply even in the event of fault of negligence of the party, relmsed and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including werrity, shall not be dermd 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, nuterial w process coeeml by lather, patent, endemark r copyright, the Seller shall indemnify min save harmless the Purchaser fmm my and all claims for infringement by reason of the use of such patmhd design, desire, cvmrml or process in ..in. with the ronnaa, and shill indemnify the Purchaser fin any cost, e.,cons, or damage which it may be obliged to pay by reason of each infringement at my time during the prosecution or after the completion of the work. In use said equipment, or my pan thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or pat is enjoined, We Seller &ball, at its awn expense and at its option, either procure for the Purchaser the right m continue using said equipment or pads, replace the same with substantially equal but noninfringing equipment, or modify it son it becomes moor flinging. IS. INSOLVENCY. If the Seller shall become insolvent at bankrupt, rake an assignment for the lamef of creditors, appoint a proxicer or trustee for my of the Sellers property or business, this Omer may forthwith Is, uaeld by the Porchestt without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation wife agreement and the rights of Al parties hereunder shall be construed under and governed by the laws ofthe State ofColomdo. USA. The fallowing Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises Urethanes. 17. SELLERS RESPONSIBILITY. The Seller shall can, m said work in Sellers own risk until the same is rally completed and accepted, and shall, in mu of any ,aide., elimination or injury m the work wkw, msmnals bef Sellers fiml complains and acceptance, complete the work at Scllms now expense and to the satisfaction of the Purchaser. White materials and equipment are finished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor us though such materials wafer equipment were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his now expanse, provide for the payment of workers rompncntion, including acupafional disease enefiu, to its employees employed oft or in connection with thc work covered by this purchase Omer, andor no their dependenn in accordmce with the laws of the sum in which the work is to be done. The Seller shall also carry comparcherative general liability including, but not limited to, commetual and automobile public liability insurance with bodily injury and death limits of at leaat S3W,OYJ for any one person, 5500,000 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 contracmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a modicum Nat such comperaauon mail insurance have been provided Such certificates shut specify the dam when such compensation and insurance have been provided. Such cenifiutes shall specify the dam when such compere lion and i..c expires. The Seller agrees That such compeaation and insurance shall be rminuimed at aftet the retire work is completed and wrix ted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damagq loss., injury of my kind or nature whatsoever no persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith The Seller will indemnify cost hold Formless the Purchaser and my 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 permits or pmputy to which the Purchases may be put or subject by mason of my act, action, neglttt, omission at default on she For of we Seller, my of his mmtaetars, or my of the Sellers or mmmoors officers, not. m employees. In au any it or other proceedings shall h brought against the Purchaser, or its officers, agents Or employees at any lime an account or by reawn of any act, action, neglect, omission or default of the Seller of my of his contmdors car any of its m their officers, agents or employees as aforemd, the Seller hereby agrees to assume the defense thereof and to defend the tame at the Sellers own expense, in pay any and all costs, charges, attorneys fees and other exposes, any and all judgments War may h 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 indignant or other lien be placed upon or obtained against the property ofthe Pumasea or said parties in or as a result of such was or abler proceedings, the Seller will at race was, tin same m be dissolved and discharged by giving band in otherwise. The Seller and her compactors shall take all safety precmtiom, fine ish and imull all mands necesvry for the pmventim of xcidems, comply with all laws and reguladom with regain her mfety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 07R014