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HomeMy WebLinkAbout102563 C P S DISTRIBUTORS INC - PURCHASE ORDER - 3215042Fort Collins PURCHASE ORDER PO Number Page 3215042 1of2 This number must appear on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 102563 Ship To: PARK MAINTENANCE C P S DISTRIBUTORS INC CITY OF FORT COLLINS 211 N SUMMIT VIEW DR 413 S BRYAN FORT COLLINS CO 80524-1403 FORT COLLINS CO 80521 Delivery Date: 01/02/2015 Buyer: WILSON, JILL 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. PER TERMS AND CONDITIONS OF MAPO BID. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual 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 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. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt From state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005 W is registered with the Collector of Failure of the Purchaser to insist upon strict performance cribs, terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 bd) exercise any rights or remedies provided herein at by law, failure to promptly notify the Sella in the went of a breach, the acceptance ofor payment for goods hereunder or approval arse deign, shall not release the Seller of Goods Rejected. GOODS REJECTED 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 tight of the damage in transit. any be marred la you far credit and ore not to be replaced except upon receipt of written purchaser to insist upon strict performance hertaf or any of its rights or remakes w to any such goo&, regardless inactions [tam the City of Fort Collins. ofwhen shipped, received or accepted, as to any prior or subsequent default hereunder, Our shall any putponed oral modifialim m mmsoma of Nis purchase ardor by the Purchaser opmtc as a waiver of any drum mrrm Inspection. GOODS are subject N the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Rempr of the merchmda, services Or equipment in response N this order con result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. and onttd payment on the pan of de City of Fart Collins. However, it is N be understood that FINAL actice, ovachamga resulting firm tivust Seller and the Purchaser monsoon, that in s and anpractice, ACCEPTANCE is dependent upon eompleion of all applicable rquiad impaction pmadurts. violations arc in fast home by the purchaser. "accurate,fm good craw, and as consideration for executing this purchase order, the Seller hereby ana,fis m the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments mot her F.O.W, City of Fort Collins, 900 Wood St., Fon Collins, CO 80522, unless acquired under fdeml or stare antitrust laws for such overehmges relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge sepmamly, the odgind freight purchased or acquired by the Purchaser Forman to this purchase order. bill must accompany invoice. Additional charges fen Packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance. Where manufacturers have distributing points in variour pans of the country, shipment is Ifthe Purchaser direrts the Seller N correct nonconforming or defective goods by a date m be agreed upon by the expected from the nearest distribution point to destiwtion, and excess freight will be doducial from Invoice what Purchasa and the Sella, and the Seller thereafter indicates its inability m unwillingness to comply, the Purchaser shipments are made from greater distance. say carve the work to be performed by the mot expeditious meant available N it, and f Seller shall pay all cons aaso mitt with such work. Permits. Seller shag procure at sellers sole cast all accessary permit, ttri ficates and ]as. required by all applicable laws, regulation, oadiwnees and rules of the stoic, municipality, leriary m political subdivision where The Seller shall relax the Purchaser and its mountains of my tier bum all liability and claims of any name, the work is performed, or required by my other doly constituted public authority having jurisdiction ova the wank residual, firm the performance of such work. of vendor. Seller Sucher agrees to hold the City of Fan Collins harmless from and agahnst all liability and lass incurred by than by rowan of an assend a established violation of my such laws, regulation, ordinances, tales This release shall apply wen in the went of fault of negligence of the patty mlmscd and shall extend to the and requirements. directors, Offers aM employees ofsuch party. Authorization. All parties to this eximmct agree that the repommomives are, in fact. ham fide and possess full and The Sellers anrmaval obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. such work is pafomed or caused to be performed by the purehaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stared herein set Rued and any supplemmtary or additional term and conditions annexed be cto m inconpomted herein by reference. Any additional or diRert terns and covddons purposes] by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediakty if you amot rake complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eRectd within the time stand on the purchase order and the do animus mrach t beano. No acts of the Purchasers including, without limitation, acceptance ofpanial late rehordea, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresaable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military mfirmitim, governmental priorities, fires, strikes, Dowd, epidemics, wars or cars provided that notice of the condition musing such delay is given m the Purchaser within five (5) days of the time when the Sella f t raeivd knowledge thereof In the event army such delay, the date of delivery shall be extmdd fen the peed egmal N the time actmlly Ion by awn of the delay. 3. WARRANTY. The Seller wamnts that all good, articles, matma6 and work coverad by this order will mnfom with applicable drawings, specifications, samples mNor other descriptions given, will be fit for the purposes intended, and performed with the highem degree of care and competence in accordance with acaptd standards for work of a similar namre. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may surf or incur on a count of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cast m the purchaser, my deficits; or faults arising within one (1) year or within such longer peril of time as may be ficscribed by law or by the terms of my applicable warranty provided by the Sella after he time of acceptance of the goods fuaishd hereunder (acceptance rat to be unreasonably delayed), resulting from imperfect or delve work done or materials fumihd d by the Seller. Acceptance or use of goods by the Purchaser shall not mntitum 0waiver of my claim under Na waranry. Except as othavise provided in this pomhau Older, the Sell. liability hereunder shall extend to all damages proximarely caused by the breach of my of the foregoing wammiea or guarantees, but such liability shall in an event inc little loss of profits m loss 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 tams by written can, order. 5. CHANGES IN COMMERCIAL TERMS. The Puahoser may make any changes to the tens, other than legal tern, including additions to or deletions firm the quantities originally ordered in the speciftations or drawings, by vaal or written change Oder. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may or my time by written change odes, teminare this agreement as to any Or all parrans of the good then not shipped, subject to my equitable adluhnent between the monies as to my work or materials then is progress provided that the Pumbrea mall not be liable for any claims fen anticipated profits on the uncompleted Portion of the goods andlOr work, for incidental or cascgwmot damages, and tat no such adjustment be made in favor cribs Sclla with aspect to ony good which am the Sellers standard stock. No such termination shall relics, the Purchaser or the Seller of any attar Obligations as to any good delivered hammer. T. CLAIMS FOR ADJUSTMENT. Any claim for dimtmena most be aumed within than, (30) days from the date the change m termination u ordered. 8. COMPLIANCE WITH LAW. Tbe Sella wartavts that all good sold beremJer shall have been produced, sold, delivered and fumishd in sort compliance with OR applicable laws and regulations N which de goods are snbjak The Seller shall execute and deliver such dammu nts as maybe required Or effect or evidence compliance. All laws and regulations required on be i coryomtd in agreements of this character sm hereby misinformed Ionia by this reference. The Sella agrees to inderify and hold the purchaser harmless from all cots and damages suffered by the Purchaser as a resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan shall assign, master, at convey this over, or my monies due or to became due bercurria without the prior wrinm consent of the other party. 10. TITLE The Sella warts full, clear and mresurictd rifle 1a the Purchaser far all equipment mntmals, and it. famished in performance of Nis agreement, free and clear of my aM all liens, resuictions, reservenon, smriry interest mcumMmces and claims of orders. 14, PATENTS. Whenever the Seller is nations! to ace my design, device, material or process covered by loner, parent trademark Or mpyrighl, the Sella shall indemnify and save harmless the Purchaser firm my and all claims for infringement by nation of the use of such patented design, device, mamial or process in connection with the contact, and shall indemnify the Purchaser for my cost expense ar damage which it may be Obliged to pay by reason of smh infringement at any time during the prosecution or after the completion of tbe work. In ease said equipment, or my pan thereof or the intendd use of the goods, is in such suit held to mntirom infringeaem and Be we of said equipment or pan is mjrmd, the Seller shall, at its own expense and at its option, either prmure far the Purchaser the right to continue using said atripmea or pens, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become 'maven or bankrupt, make m assignment fen the benefit of creditors, appoint a cariver 01 trustee for my of tbe Sellers property or business, this order may forthwith be cifialed by the Purchaser without liability. 16. GOVERNING LAW. The definition of toms sisal or the interpretation ofthe agreement and the rights of all parties heremMa shall be consaed under and govemd by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cares where the Sella is h perform work formula, including the services ofSellas Ramsentativar), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall can, on said work at Sellers own risk until the same is fully completed ad acttpteak and shall, in case of my maidmt desnummor or injury to the work aoNor materials bet Shccrs final completion and ncaptana, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nomerials and equipment are furnkshd by others fen installation Or eremm by he Sella, the Sella shall receive, unload. store W handle sane at the site and become responsible therefor as though such fiatmals andlor ryuquirm were being famished by the Sella under the aver. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workm compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNOr to their dependents in accordance with the laws of the state th which the work is or be done. The Seller shall also tarty comprehensive gereml liability including, but not limited 10, comractml and ausomobile public liability insurance with bodily injury unit death limiu of at lemat 53rn.000 far my one person, s500,000 for arty e accident and property damage limit per accident of S400,000. The Sella shall likewise reclaim his mtrsaors, if my, to provide for such compenwion and insurance. Bet my of to Sellers or his contractors employees shall do my work upon the premises of others. the Sella shall famish the Purchaser with a certificate that such compensation and insurance have bear pmaddd. Such ca(nbcate, slWI specify the date when such compensation and insurance have been provided. Such arrificates shall specify the date when such compensation and insurance expires. lle Seller sitcom, Nat such compensation sd inmmce atoll be maintained .,it rubber he entire work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assres the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wasoever to permits or property caused by or metalling from the execution of the work provided for in this Purchase order or in connection herewith. The Sella will humanity and hold harmless the Purchaser and any m cal of the purchasers officers, agents and employees from and against my and all claims, looses, damages, charges or expenses, whether dical or indirect, and whether to persons or property, an which the Purchaser may be put or subject by reasw of my act, action, neglect, omission or default m the pan of the Seller, any of has cum mdors, or my of the Sellers Or cantmctors officer. agents or cmployas. In rase my suit or other proceedings shall be brought against the Purchaser, or its Officers, agents or employers at any time on mmnnl or by reason of my ack action, nedim, omission in default of the Seller of my of his mntravon a my of its or their officers, agents or employees as aforesaid, the Sella hereby agree 1. assume the def thereof and m defend the same at the Sellers own expeou, to pay any and all costs, viragos, attorneys fats and other expenses, any and all judgments that may be incurred by or obtained against the purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a moult ofsuch suits or other prweedings, the Sella will at once case the same to he dissolvd and discharged by living bond or otherwise. The Sella and by contractors shall take OR safety precaution, harsh and heart all grand nacsavry for the prevention of accidents, comply with At laws coal regulations with regard to Was including, but without limitation, the 0mupmianl Safety and Health Act of 1920 and all rules end reguatioe is cad pursuant thereto. Revised 07R014