HomeMy WebLinkAbout548846 CAROLINE BRADFORD - PURCHASE ORDER - 9147308City of
F„6ft Collins
Date: 12/10/2014
PURCHASE ORDER
PO Number Page
9147308 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 548846
Ship To:
NATURAL AREAS
CAROLINE BRADFORD
CITY OF FORT COLLINS
PO BOX 930
1745 Hoffman Mill Road
EAGLE CO 81631
FORT COLLINS CO 80522
Delivery Date: 12/10/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
t Poudre River Fundraising Coord
1 LOT
LS
6,250.00
Per agreement dated 12-8-14
2 Poudre River Fundraising Coord
1 LOT
LS
3,750.00
3 Poudre River Fundraising-DDA
1 LOT
LS
5,000.00
,yn P14
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
Total
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 excmptiom. By statute the City of Fiat Collins u exempt f state and Iacil mars. Our Exemption Number is
9"502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of
Internal Revenue, Denver Columba (Ref. Colomdo Revised Stamtri 1973, Chapter 39-26, 114 (a).
Good Rejected GOODS REJECTED due to failure to mete specifications, either when shipped or due to def t of
damage in Trani, may be retuned to you for credit ad are oot to be teplaad except upon receipt of written
instructions form $a City of Fon Collar.
hsspectian. GOODS are subject an des City of Fan Collins inspection an arrival.
Final Acceptance. Receipt of the merchandise, service, or equipment in .,. to Nis order can result in
authorized payment on the pan of The City of Fon Collins. However, it is to ba understood That FINAL
ACCEPTANCE is dependent upon completion of all applicable mquired inspection procedures.
Freight Terms. Shipments must be FOR., Cory Of Too Collins, 700 Wood St., Fan Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution paint to destirmfian, and excess freight will W deducted from Invoice when
shipments. made from mailer distance.
Permit. Seller shall procure at sellers sole cost all naessary permits, certificate and licenses required by all
applicable laws, regulations, orditmnces and roles of the state, municipality, recovery or political subdivision where
The work is erfamed, or required by any other duly constituted public authority having jurisdiction over he work
of vendor. Sella fuller agrem Ins hold the Cry of Fiat Collins harmless farm and against all liability and loss
mused by hem by reason of an asserted or established rvaltuam of any such lases, regulaticins, ordinances, roles
and aquimnrn6.
Authoritarian. All Fail to Nis ronmm agree that the representatives arc, in far,. harm fide and poses, full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Orrin expressly limit acceptance to the tenses road coodttions scored
herein set forth and any supplementary or additional reran and conditions amazed hereto or incorporeal herein by
referent. Any additional or different to. and conditions proposed by sells, are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to arrive on your
promlxd delivery data as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the document attached Searle. 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 m other legal and ryoimble remedies, he option of placing his order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reaonably foreseeable which are beyond its reasonable contral and without it fault of negligmce,
such act of God, acts ofcivil or military mula rives, govemmmml pointi, fares, stakes, Bond, epidemic&, wars or
riots provided that notice ofthe conditions musing such delay is given to he Purchaser within five (5) days ofthe
time when he Seiler first received knowledge thervaf. In The event of any such delay. the date of delivery shall be
extended for the period ra l to he time actually lost by reason ofth,delay.
3. WARRANTY.
The Seller warrant Nor all goods, amides, materials and work covered by this order will conform with applicable
drawings, specifications, samples andlor other descnpdom given, will be, fit for he purposes amended, and
performed with the highest degree of as and compromise in accordance with accepted standard t work of a
similar natua. Tla Seller agrees as bold The purchaser hamtlass from my loss, damage or expense which the
Pucer msuf
fer ffer or incur on at. of he Sellers branch of.1y. The Seller shall aplum, rapidas, make
goad, without cast to The purchaser any defect or fault arising within one (1) your or within such longer period of
time as may be presented by law or by he terms ofany applicable warranty provided by he Seller after he date of
acceptance of he goods famished hereunder (acceptance not to ba unreasonably delayed), resulting from imperfect
or defective work done or materials famished by he Sell, Acceptance or use of goods by the Purchaser shall not
institute 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 shall in no evens include loss afprafits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal menu by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tens¢, other Than legal rams, including additicas to or deletions fins
The quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affect the amount due or the time of performance hereunder, an equitable adjtwment &lull ba made.
6. TERMINATIONS.
The Purchaser may or any time by writm charge order, tenaonam This agreenrcn. as to .1 m all potions of th,
goad then Out shipped, subject in any equitable adjtttmrnl between The ponies ns to my work or materials then in
progress provided That the Purchaser shall one ce liable for any claims for anticipated porGt on the umromplered
portion of the goods mWor work, for incidental or cnmrx romial dmregm, and that m such adjustmear be made in
favor ofthe Seller with respect to my goods which are the Sellers standard stock. No such mnnitatim shall colorer
the Purchase or the Seller of my oftheir obligations as many goods delivered memories.
t. CLAIMS FOR ADJUSTMENT.
Any claim fir adjusrmem must be asserted within flirty (30) days from The data The change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wareants tbar ell goods said hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good an subject. The Seller shall execute and
deliver such document m may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreement of this chamder are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser Stainless from all costs and damages suffered by the Pum over an a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, cans(, or convey This order, or my monies due or to become due hereunder without to
prior writtentnsant of des other party.
10. TITLE.
The Seller warmer full, clear teed uaavicted tide to he Purchaser for all equipment. materials, and items fmizlrcd
I. preforts. of Nos agom or, Gee and clear of any and all loom, tmtraction, ncsmmmns, seemnty ardent
rncunder a s and claims ofopera
11. NONWAIVER.
Failure of the Punchiest to insist upon strict performance of the tams and condo user hic af, failure or delay an
exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in The event of a
breach, the acceptance ofor payment fen goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall Out M deemed a waiver of any right of the
purchaser to insist upon strict perfomtance bereofor any of its rights or remedies m to any such goods, regardless
of what shipped, mocived or trained, as to any prior or subsequent default heaunder, tar shall Say purposed
and modification ar rescission of This purchase order by the Purchaser opens as a waiver of any of the to.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and The Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact boom by the Purchase,. Themb fore, far paid cause and a consideration for mo mting this
purchase order, the Seller hereby assigns to The Purchaser arty and all claims it may new have or hereafter
acquired under federal or stale Smartest laws for such overcharge relating to the particular .nods or services
Purchased or acquired by The Purchaser pursuant to This purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If The Purchaser direct the Seller to curead nonconforming or defective goods by a date to he agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its hablllty or unwillingness to comply, the purchaser
may cause the work to he oformed by the most expeditious means available to it, and The Seller &ball pay all
coin asseciatN with such work.
The Seller shall release the Purchaser and it contractors of any her from all liability and claims of any nature
resulting from the perf ante ofsuch work.
This Talent &lull apply even in the event of fault of negligence of Ore parry reloaed and shall extend to The
directors, officers and employees of such party.
The Sellse, commmml obligaionss, including warmnty, shall Out be damted m M reduced, in my way, have.
such work is performed at caused to b, perfumed by The Purchaser.
14. PATENTS.
Whenever the Seller is required to use any deign, device,..,am[ or pares& covered by ]siter, patent, trademark
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 planted 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 after the completion of the work. In case said equipment, or
any .it thereof or the intended use of the goods, is in such suit held to constime infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either proms for the
Purchaser the right To continue using said equipment or parts, replace the same with substantially equal but
numufringing equipment, or modify it sec it becomes noninfninging.
15. INSOLVENCY,
If The Seller shall baconsc insolvent or trarkmpt, make an assignment for the benefit of creditors, appoint a
or .,at far any of the Sellers Pmpeny or business, This order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofit. used m Ns ratiocpremtim of he agreement and the right ofall pubs heamdar shall be
construed under and gcavcmad by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in rise where he Seller is to perform work hereunder,
including The services of Sellers Ropmxnmtive(s), oa des premises father.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Stilefs own risk mtil the same is illy completed earl accepted, and shall,
in case of any accident, destruction or injury To The work anal nationals befog Seller's fiwl completive and
acceptance, complete the work at Sellers own expense and to the atisfaation of $a Purchaser. When materials
and equipment arc furnished by ethers for installation or maim by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials amm r equipment
were being fumished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for The payment cf workers compensation, including croup timal
disease benefit, to its employees employed on or on connection with the work covered by This purchase order,
at War to their dependent in accordance wih fie laws of the state in which the work is to be done. The Seller
shall also carry comprchemive general liability including, but not limited IT, contractual and automobile public
Imula, invumna with bo ily injury and death limits of at least S30(tr O for any one remain, $500,00) for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
comarecom if any, no provide for each compensation and associate. Before any of the Sellers or his rontradan
employees shall do any weak upon the premises of others, The Seller shall famish the Purchaser with a certificate
that such compensation and insurance have ban pmvid Such aoLfL=® shall specify the date when such
mmpetsmion and insurance have been provided Such anificatm shall specify the date when such cnmpemahon
all insurance expires. The Seller agrees dot such compemntion ad awramn shall be mainmirtM until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumm the entire responsibiliry and liability for any and all damage, loss or injury of any kind
or mtum wlummover to persons or property caused by or resulting form The execution oftbe work provided for in
this p-the. ender or in Tamtion. herewif. The Seller will indemnify and hold harmless the Purolo er and any
at all of the Purchasers officers. agent and employees from and against any and all claims, losers, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seiler, my of his
contractors, or any of the Sellers or commocams officers, agent or employees. In case any suit or other
proceedings shall be brought against The Purchaser, or it officer, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of he Seller of any of his contractors or any of its or
Their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense hereof and to
defend the same at Sellers own expecae, m pay any and all cent, charges, attorney, fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their officers,
agent or employees in such suit or other procuu mp, and in case judgment or other lion be placed upon or
obtained against the property ofthe purchaser, or said parties in or on a result of such suit or other proccdinp,
US, Seller will at ..on cause the same to be dissolved and discharged by giving bond or calm rwia. The Seller and
his contracmrs shall take all safety ptecmtioas, ftmtisb ad'nstall all guard tuesssary for the prevendan of
accidents, comply with all laws said regulanam with regard to safety including, but without limitation, The
Occupational Safetyad Halh Aa of L970 and all rules and regWadom issued pursuant dumem.
Revised 09R014