HomeMy WebLinkAbout472449 IMPRINTS FORT COLLINS - PURCHASE ORDER - 9147055Fort Collins
Date: 12/02/2014
Vendor: 472449
IMPRINTS FORT COLLINS
4354 S COLLEGE AVE, STE E
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9147055 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 12/02/2014 Buver: ED BONNETTE
Note: PER QUOTE FROM MARK TO DIANNE TJALKENS, CONTACT #(970)221-6734.
PLEASE DELIVER TO ATTN: DIANNE TJALKENS.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Durable Bags Project, #2801 1 LOT LS 9,914.00
Organic cotton tote, natural
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
14.00
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. COMMERCIAL DETAILS.
Tm exemptiom. By stamle fe Ciry of Fon Collim is exempt (mm stale and IOW uxe.Om Exemption Number is
9RIE1502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised SNtutes 1973, CMpter 39-36, 114 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in rrmsit, may be rerumcd m you for credit and are not to be replaced except upon receipt of wnnrn
instructions fican the City of Too Collins.
Inspection. GOODS are subject to the City of Too Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, marrims or auipmem in mr one in this order can result in
andimurd sMat oa the part of the City of Fon Collim. Howma, it is m be understood that FINAL
ACCEPTANCE is drprndent upon completive of all applicable required inspection praedurts.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional am,. for packing will rot be accepted.
Shipment Distance. When manufazture s have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be dedocnd from Invoice what
shipments are made from greater distance.
Permits. Seller shall pmanre at callers sole cost ell necessary proms, aniftcat. and Berates, removed by all
applicable laws, regulations, ordinances and roles of the some, municipality, armory or political subdivision where
the work is performed, or required by any other duly comtimnd public authority haviogjunatimlio s over the work
of vendor. Seller Mother agrees to hold the City of Fort Collins h.mleas from and against all liability and loss
incurred by them by o:ason of an asserted or asedlished violation of any such laws, regulations, ordinances, rules
and repo tame..
Authodzatior. All parties to this contract agree that the repaaentitives are, in but, bona fide and possess full and
complete authority to bind said pansies.
LIMITATION OF TERMS. This Purchase Order expressly limits maprmce to the terror and conditions sated
herein set boom and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional m different W. and conahinm Proposed by seller art objected 1. and hereby reja+ed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immaliately if you cannot make complete shipment to some on your
Promised delivery date as nand. Time is of the essence. Delivery and performance most be effecmd wirbin the time
stood on Ne purebfie order and the documents attached hereto. No acts of the Purchmcrs including, without
has ation, acceptance orparrial late deliveries , shall apeate as a waiverof this Provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and crumble remedies, the option of placing this oiler elsewhere
and holding the Seiler liable for damages. However, the Seller shall not be liable for damages m a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault ofnegligence,
such acts ofGod, new ofavil or military authomiea, govemmmml prionries, firs, strikes, nood. epidemics, was or
nos provided fat mice of the conclusions aaamg such delay is given m the Purchen within Eve (5) days of the
time when she Seller first received knowledge thereof.. In the event of any such delay, the date of delivery shall be
extended for the period equal to the lime actually Imt by reason ofthe delay.
3. WARRANTY.
lie Sella warrants that all good, articles, materials and weak awned by this order will mafoms with applicable
drawings, specifications, samples amber other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards fro work of a
similar nature. 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 emt to the purchaser, any defects or fads arising within one (1) year or within such longer peril of
time as may be preeribed by law of by the terms of my applicable seminary provided by rise Sella after Be dam of
so eptance of the goods fincrisLed hereunder (acceptance act to be unseasonably delayed), resulting from imperfnt
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 waranty. 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, bar uch liability shall in m event include loss of profits or lass of cone. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal team by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to an, tames. other Nan Ieyal ¢mrs, including addition to or deletions from
me 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 oTatiommnce hert as equitable ad ea m ait shall be more
6.TERMINATIONS.
The Purchmer may at my time by when change order, announce this agreement as to any or all Panama of the
goods then not shipped, subject to any equitable ndjus ment between the parties sax to any work or materials data in
progress Provided that the Purchmer shall rat be liable for my claims for anticipated profits on the uncompleted
portion of the goods arbor work, for incidental or a na,mortid damages, and that no inch adjustment be made in
favor affe Seller with respect to any goad which are the Sellers standard stock. No such nomination shall relieve
Be Purchase, or the Sella army of their obligations as at my good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment Most be named within thirty (30) days from the date the change or terrommion is
onlered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold heemder shall have been promed, sold, delivered and ftunished in strict
compliance with all applicable laws and regulations n which the good are subject. The Seller shall execute and
deliver such documents is maybe required to effect or evidence compliance. All laws and regulations required to be
incopomted w agreements of this character me hereby mar,omed herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless fro all cosy and damages suffered by the Purehaer ns a.11 of dre
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall nation,.ansbeq or convey this order, or any moms, due or to become due hereunder without the
prior when mment offle other parry.
tLIFITLE.
The Seller warrants full, clear and unrestricted title to fe Purchaser for all equipment, materials, and items burnished
in performance of this agreement, five and clear of any aced all liens, nitrations, reeremiom, mainly interest
crcumbmaca and claims of fifers.
11. NON WAIVER.
Failure of the Rsrchazer to insist upon strict reactionaries, of the across god conditions hermf, failure or delay as
any rights or remedies provided herein or by law, failure m promptly notify rose Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not releme the Seller of
any of the commutes or obligations of this purchase order and shall rot be damed a waiver of any right of the
porchzser to beer upon strict pert cox hereafor any ofits rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any Our or subsequent defult homemaker, mar shall any poaported
am[ modification or newission of this purchase order by the PumM1nser openre m a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in xtual ecommic powder, overcharge restating from antilmst
violation am in fact home by Ns, Purchmer Theretofore, for goad cause apA m comiderarion for executing this
purchase order, the Seller hereby nessib to the Purchaser any and all claims it may now have or hereafter
acquired under Illiberal or Mae anlimMi laws for such overcharges relating to the panic.]. goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defmive goads by a dam in be agreed upon by the
Purchnia and the Seller, end the Seller thereafter indicates its inability or unwillingness in comply, the Purchmer
may cause the work to be performed by the most expeditions means available to it, and rise Seller shall pay all
toss asocmad with such work.
The Sell. shall release tire Purchaser and its am racmrs of any tier from all liability and claims of any mmre
resulting from the performance of such work.
This releme shall apply even in the event of fault of negligrnce of the perry relemd and shall extend to she
directors, officers and employees of such parry.
The Seller's contractual obligno rs, including warranty, shall not be demand to be reduced, m any way, because
such work is performed or caused to be pM rmed by the Purchaser.
14, PATENTS.
Whatever the Seller is required to use any design, device, areverizl or process covered by letter, piear, andemmk
or copyright, the Seller shall indemnify, and save hamleas the Purchaser From any and all claims for infringement
by reason of the use of such patented design, device, material or praess in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which o may be obliged to Pay by reason of such
Morganton, at any time during the prosecution or after tom completion of the work. In now said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan in enjoined, the Sella shall, at is own expense gnd at its option, either Position for the
Purehasm rose right to continue using said a ripme t or pans, replace the surge with substantially equal but
noninGsnging equipment, or modify it it becomes n mmoinging.
15. INSOLVENCY.
If the Sella tball become insolvent or bankrupt, make sm assignment for the h ssefit of creditors, appoint a
receiver or trmme for any of rise Sellers property or business, this order nay foomwith be canaled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpremtian afthe agreement and the rights of all parties hereunder shall be
assumed under and Essemed by the laws arrive State ofCclosim. USA.
The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Rnprexenmliva(s), oa the premises ofofers.
IT. SELLERS RESPONSIBILITY.
The Sella shill carry as said work to Sancta own risk.61 fe same is Polly completed Most accepted, and shall,
in u of any accident, destmetion or injury an the work arbor materials before Sellers I=] completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchmer. When materials
and equipment are Inclosed by others for installation or motion by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such malifi ale maker aluipment
were being fisted by the, Seller order the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers mmpareatioq including occupational
disease benefits, to is employees employed on or in connection with the work covered by this purchase order,
arbor to their deperdms in gam dcom wish the bass of the state in which the work s to be done. The Sella
shall also carry comprehensive general Iiabilm, including. but rot limited an. ran ractml and automobile public
liability insurance with bodily injury and death limits of at lent 5300,000 for my one Person, 5500,000 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise Tommie his
comrmon, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do my work upon the premiss of ashen, the Sella shift famish the Purchazrr with a aftiftate
that such compewtion and insurance have been pmsided. Such cenificares shall specify the data whin such
ancompensation and insurance have been pvidM. Such cenifiate shall specify do dam what such compensation
am d insurance expires. The Sella agrees that such compensation and housing shall be maintained until aver the
entire work is compared and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby ass roes die entire responsibility and liability for any sod all damage, lass m injury of my kind
or nature wha comer to persons or property caused by or resulting from Be, execution affe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmleas the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, fosse, damages,
chart. or expenses, whether dined or indmea, and whether to persons or property b which the Purchmer may
be To or s.bjat by remoa of any at, mtim, neglect, omission or default on the part of the Seller, any of his
contractors, or my of fe Sellers or mntmdors officers, agents or employers. In ass, my 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, neglect, omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees m of said, she Seller hereby agree to assume the defense thereof and to
defend the same at the Sellers own expense. to pay any and all cants, chafes, anomeys fees and infer expenses.
my and all jadgmms that may be incur by or obtained against the Pnmbmer or my of its or then oRcers,
agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or
obtained against the propany of the Purchase, or said pmies in or as a result of such suits or other proceedings,
the Seller will as once cause the sate m be dissolved and discharged by giving bond or oherwise. The Seller and
his contractors shall take all safety precautions, f ish and install all guard mcessay far the Primerica. of
mcidem, comply with all laws and, regulations with regard m safety including, bet without Radiation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued purattmr them..
Revised 07n014