HomeMy WebLinkAbout128967 PERENNIAL JOYS - PURCHASE ORDER - 3215047Fort Collins
Date: 01/02/2015
Vendor: 128967
PERENNIAL JOYS
C/O JOY A ANDREWS
4118 MANHATTAN AVE
FORT COLLINS CO 80526-3680
PURCHASE ORDER
PO Number Page
3215047 7of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 01/02/2015 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 2015 Annual
Flowers
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.mm
1 LOT LS
5,000.00
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state sod land man. Our Exemption Number u
11. NONWAIVER.
98Os502. Federal Excise Tax Exemption Cori of Registry e4-0O00587 is registered with the Collector of
Failure of the Purchaser w insist upon strict perfo. of the rends and comm. hereof, failure o delay to
Internal Revenue, Denver, Colorado (get. Col.& Revised Smaurerea 1973, Chip.. 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to pranptly rarity the Seller m the event of a
breach, the acceptance ofar payment for goods hcrtuMcr in approval ofthe design, shall act actions the Seller of
Gaol Rejected. GOODS REJECTED due in failure m meet sanatoriums, either when shipped or due to &fee. of
any of the wvmntl. or obligator. of this purchase order and shall rat be domed a waiver of my right of the
damage in tranih may M returned to you for midis and are not to be replaced except upon molar of weinm
purchaser to insist upon same, performance hereofor any of its rights m candies as to my such goad, ragardlns
irsswctions from she City of Fon Collim.
of when shipped, received or topped, as as any prior ar subsequent definda hereunder, car shall any pmrsond
am] modification in emission of this purchase, order by eve Purchaser operate to a waiver of any of the remu
Inspection. GOODS are subject to the City of Fort Collins inspatov on orivnl.
hermf.
Final Acceptance. Receipt of she ae¢hrmi., service a equipmant in r.pome m dais never ean result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthained payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual .nmie practice, nvercharga resulting firmmtimut
ACCEPTANCE is dependent upon completion ofall applicable promised inspection procedures.
xiolatimrs art in fact boom by the Purchases. Theremfore,far good came and as considemtian for exmuting this
purchase order, the Seller hereby assign to the Punctuator any and all claims it may now have or hereafer
Freight Tams. Shipments must be F.O.B., City of Too Collins, 700 Word! St., Fort Collim, CO 80522, unless
acquired under federal or state antitmst laws for such overcharges relating to the particular good or services
otherwise specified on this order If pemrission is given to prepay freight and charge separately, the original freight
purchased m acquired by the Purchaser pursm rt to this purchase orde,
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have occurring Points in various pans of the coanary, shipment is
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice who
Purchmor and the Seller, and the Seller thereafer indicates its inability or unwillingness to comply, the Purchaser
shipments are made from owner distance.
may cause the work to be performed by the most expeditious means available to its and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, odiwnces and rates of We stale, municipality, terimry or political subdivision where
the work is performed, or required by my other duly committed public authority having jurisdiction over eve work
of vendor. Seller further agrees to hold the City of Fact Collins harmless from and against all liability and loss
incurred by them by reasom arm receded or established violation army such laws, regulation, ordinances, pules
and rquirements.
Authorization. All parties to this contract agree that the reprtsmtmives are, in fact, boo fide anal possess full and
eompl.a authority is hid said parties.
LIMITATION OF TERMS, This Purchase Under expressly Lands M. to eve to. and conditions scored
herein sir foM and my supplementary or additional terms and conditions annexed hereto or incopomred herein by
reference. Any additional or di@ard tom and condomix proposed by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment to arrive on your
premised delivery date m noted. Time is of the arena. Delivery, and performance ce must be effected within the time
stated on the purchase order and the documents attached hereto. No was of eve Purchased including, without
limitation, acceptance of pmial late ddivrnes, shall operate as a waiver of this provision. In the event of any delay,
the Purehmer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result ofdelays
due to causes not reasonably inimitable which art beyond its reasonable control and without its fault of negligence,
such acts of God, area of civil or military amlimilia, governmental priorities, fires, tankers, flood, epidemics, wars a
nob provided that notice of the conditions Gaming such delay is given to the Purchaser within five (5) days of the
time when the 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 time acnaRy last by reason of the delay.
3. WARRANTY.
The Seiler warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other descriptions given, will be fit for the proposes intended, and
performed with the highest degree of ore and compar. in accordance with accepted standard for work of a
similar nature. The Sell. agrees to hold the purchaser harmless farm any loss, damage or expense which the
Purchaser may cuff or incur on =Who ofthe Sellers breach of warrmty. The Seller shall replace, repair or make
goad, without cast an the purchaser, my deform or faults arising within rate (1) year or within such longer period of
time as nay be prestaibd by law or by the rents ofany applicable warmly provided by the Seller afterthe date of
acceptance of the gods f ishcd hertmmd. (mcepunce, act to be comparably delayed), resulting fmm imperfect
or defective work done in n rtma s fished by she Sell.. Acceptance or vas of goods by the Fantasia shall act
mnsttum a waiver of my claim under this wartanN. Excem as oWerwise provided in this purchase order, the Sellers
liability heemder shall extend to all darages, prnannately caused by the brat
or guarantee; but such liability shall in no evens include loss of profits or Ins
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPL'
4. CHANGES IN LEGAL TERMS.
The Purchaser may make chang. to legal corn by corium change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to eve terms, ether [him legal terms, including additions m or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change codes. If any such
change afcas the amount due a the time of performance hereunder, an equitable adjustment shall be made.
&TERMINATIONS.
The Purchaser may at my time by water change order, termitum this agremmem as to any or all portions of the
goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in
pmgrass provided that the Pmchasa shall not be liable for my claims for anticipated profits on th uncompleted
Iranian of the goods torpor work, for inddenal or exaqumtial damages, and But no such adjustment be made in
favor of the Seller with aspect to my goads which me the Smilers smdard stock. No such ummiwtion shall mtieve
the Purchaser or the Seller ofmy oftheir ablip ans as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for djnstment most ho assumed within darry (30) days f eve data the charge m temdmtioo ex
ordered
8. COMPLIANCE WITH LAW.
The Sella so rants that all goods sold hounder shall have been produced, and. delivered and fished in smia
compliance with all applicable caws and reguladom to which the good are subject. The Seller shall execute and
deliver such dismounts as may be required to off. . evidemx compliance. All laws and begulations required to be
incorporated in agreements of this character ore hereby marmarated M1ertin by $is reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cos¢ and damages suferd by the Purcbmer as a r.uh of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Furry shell resign, vamRr, or convey this order, or any monies due or to become due hereunder without the
prior wimen consent of the other party.
10. TITLE.
The Sella warrants full, clear and unrestricted fide to the Purchaser for all equipment, materials, and items furnished
in performmce of this agreement, free and dear of my and all lions, restrictions, reservations, security interest
encumbrances and claims ofribut
The Seller still .]me the Pumhaser and its contractors of any tier from all liability and claims of any mature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to she
directors, affairs and employees of such party.
The Sellers occasional obligation, including wartady, still rat ho don l to h reducd, in my way, because
such work in performed or aimed to be performed by the Purchaser.
14. PATENTS.
Whenever rise Seller is required to me, my design, device, nm[erial or process covered by later, patent, railroads
or copyright, the Seller shall indemnify, and mvc hook the Purchaser fiom my and all claims fen infirm rmem
by reason of the me of such patented design, device, material or process in connection with the contract, and
shall indemnify the PmeM1asn fen any cost, expense or damage which it may be obliged to pay by res am ofsuch
infringement at any time during eve proa.ution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to wnsfimte, infringement and the wo of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at in option, either proure for eve
purchmerr the right to continue using said equipment or pans, replace the same with substantially eqml but
noninfringing equipment, or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assigmrem for the benefit of creditors, appoint a
Puaheor trastp for my of the Sellers property or business, this order may forthwith be canceled by she
ser without liability.
in. GOVERNING LAW.
The definitions of temm and or the interpretation ofthe agreement and the rights of all parties hereunder shell be
com mul underad governed by the laws of do Slam of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hercwMer.
includng the services of Sellers Repm.entativer(s), an the Inomises ofodwm.
17. SELLERS RESPONSIBILITY.
The Seller shall forty an said work at Sellers own risk until the same is fully completed and nourished, and shall,
in rase of my accident dawction no injury to eve work and/or traterrials bet Sellers foal compleion and
acceptance, complete the work at Sellers own expense and or the satisfaction of the Purchases. When materials
and egwpmmm are thousand by others for militiaman m erection by eve Seller, the Seller shall rseive, unload
score and handle same at the site and become mpmesible therefor as though such matenak armor equipment
were being fisM1d by the Seller under the order.
18. INSURANCE.
The Seller shell, at his, own exper, provide for the payment of worked comperrsarion, including occupational
disease bme0ts, to its employers employed on or in correction with she work covered by this purchase under,
mdor to their depended¢ 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, can..) and automobile public
liability insurance with bodily injury and deuth limits of at least S300,000 fur any one person, 5500,000 for any
one accident and pmperty, damage limit per accident of 90g000. The Seller shall likewise require his
contractors, if any, to provide for such compensation end irmurmce. Before my of the Sellers m his contractors
employees shall do my work upon the premises of others, the Seller shall furnish the Purchmcur with a co rificate
that such compemaion and insurance have been provided. Such certificate shall apaily the date when such
compensation and imumme have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees Out such compensation and Harmonic shall be cammined until a0er the
entire work is completed aad..plan
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assureia the entire responsibility and liability far any and all damage, loss or injury of any kind
r matue whatsoever to persons or prapmy camel by or resulting from the exemrion ofthe work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold braless the PurcM1aser and my
r all of the Purchasers officers, agents and employees fans and against my and all claim; losses, damages,
charges ar expenses, whether direct or indirea, and whether to person, m Property a which the Purchssor may
be put or subject by reason of my rat, notion, neglect, omission a default an the part ofthe Seller, my of his
mntranors, or my of the Sell. or m arrit affairs, agars we employees. In case my suit or artier
proceedings shall be brought against the Purchases. or its officers, agent or employees at my fine on account or
by reason of my act, notion, mglecr, omission or default of case Seller of my of his contractors or my of its or
them affairs, aged¢ or employees m of mid, the Seller hereby agree, as assume the def thereof and as
defend the some a the Sells. own expense, to Pay any and all casts, charges, anomeys fees aad other expense;
my said ill judgmmm But may be incurred by or obtained e,i. the Ptvchm. or any of its or than officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against the property of the Purchm., or said parties in or as a result of such ships or other proceedings,
the Seller will at on« cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fumish and install all guards necessary far the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupadond Safety and Health Act of 1970 and all rates and mgulatiom issued pursuant thereto.
Revised 07R014