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HomeMy WebLinkAbout102834 POSTMASTER - PURCHASE ORDER - 9150072Fort Collins Date: 01/08/2015 PURCHASE ORDER PO Number Page 9150072 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 102834 Ship To: RECREATION DIVISION POSTMASTER CITY OF FORT COLLINS UNITED STATES POSTAL SERVICE 215 N MASON 301 E. BOARDWALK FORT COLLINS CO 80521 FORT COLLINS CO 80525-9998 Delivery Date: 01/08/2015 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. Line Description Quantity UOM Unit Price Extended Ordered Price Blanket for 2015 1 LOT LS 28,000.00 Postage for Recreator2015 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 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDErAILS. Tax exemption. By sabre the City of Fen Collins is exempt from Nominal local taxes. Our Exemption Number is 98 CsI502. Federal Facise Tax Exemption Crodicme of Registry 84-6000587 is registered with me Collector of In4mal Revenue. Denver, Colorado (Ref Colorado Revised Soda 1973. Chapter 39 26,114 (a). Goods Rejected GOODS REJECTED due to failure to men specifcatiotu, either whom shipped or due to defecss of damage in transit, may be, urumed to you fro credit and are not to be replaced except upon receipt of "an imuuctionsf the City of Fort Collins. Defecation. GOODS arc subject fro the Ciry of Fan Collins impmrion on arrival. Final Acceptance. Rmeipt of the merchandise, services or equipment in response to this order can result in aunhmiacd payment oa the pan of the City of Fen Collins. Iloweveq if is to be understood fast FINAL ACCEPTANCE is dependent no cenneion of all applicable required inspecla n procedures. Freight Terms. Shipments must be F.O.D., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise speeifirel on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges (m packing will not be occupied. Shipment Distance. Where manufacmurs have distributing points in various pans of the country, shipment is «petted fmm the crest distribution point to destiontim, and excess freight will he deduc¢d from Invoice when shipments art made from Rooter do.. Permits. Seller shall procure at sellers sale cost all necessary permits, confliction and licenses required by all applicable laws, regulations, indications and rules of the smm, municiWlity, mrrimry or political subdivision where the work is Performed, or required by any other duly constimmd public authority havingjurisdictioo over fie work of candor. Seller fuller agrees to hold fe City of Fen Collis harmless fmm all against all liability and loss incurred by them by earn of an asserted or esyablishd violation ofany such laws, conferees, ondieamcs, roles and requirements. Authorization. All parties to this courrdct agree that he representatives we, in fuel, bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Pontoon Order expressly limits acerptwur to the terms and conditions stand herein set fairly and any supplementary or additional terms and conditions annexed hereto or incoa iummd herein by reference. Any additional or dilferenf toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as noted. Time is offe essence. Delivery and performance most be effected within the time sated on the purchase day and the documents attached hereto. No is of the Purchasers including, without limitation, acceptance of p and late deliveries, shall opemm as a waiver of this provision. In the event equity delay. the Purcheaa 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 as a result of delays due to musts not reawrably fosesmodde which are beyond its reasonable control and without its fault ofnegligmce each aces afGad, acts of civil or military auforifim gevemmmal priorities, fen, writer , end, epidemics, wars or riots provided feet nature of the confnow musing such delay is given to the Purchaser wifin five (5) days of the time when the Sella Era seaweed knowledge thereof. In the event of any such delay, the date of delivery shall bo awarded for the peed equal to the time actually lost by reason offhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmenals and work covered by this order will conform wit applicable drawings, specifications, samples carboy offer descriptions given, will be Et for flu purposes attended, and performed with the highest degree of can and competence in accordance with accepted merchants for work of a similar natum. The Seller agrees to hold fie purchaser harmless from any lass, damage or expense which the Purchaser may suffer or item on account offhe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the forms ofmy applicable warranty provided by the Seller after the data of acceptance of the goods Famished hereunder (acceptance not to be unrome mbly delayed), resulting from imperfect or defective work done or materials ficnished by the Seller. Acceptance or tau of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, fe Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamwfies or guarantees, but such liability shall is no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Paribas. may make changes 1m legal themes th einm change order 5. CHANGES IN COMMERCIAL TERMS. no Purchaser may make may changes to fie terms, other fan legal terms, im'lu lm, additions to or delednns from fw quantities originally ordered in the specification, or dawings, by verbal or w'num change order. If any such change affects the amount due or the time ofperformane, heruudes, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaza may of any time by written change away, lerninme this agmomem as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for amicipamd pro lts oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor offer Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goads delivered hereunder. 'I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nsscyvd within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warmna that all goods sold Iscommer shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulatiom to which fie goads art subject no Seller shall exccute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be worm,otatd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold fie Purchaser harmless from all costs and damages suffered by fie Pauhaser ss a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shot] aasign, transfer, or convey this order, or my monies due or no become due herewder without the prior written consent ofhe other party. 10. TITLE. The Seller ..Is full, clear and umestncud title no the Purchaser for all eguipment, rmmdols, and items famished in payfuamaric of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbmncc and claims of ofers. 11. NONWAIVER. Failure of the Purchaser in insist upon strict peffmm=n of the temp and candidates hamf, failure or delay to camise any rights or remedies provided herein or by law, failure to Promptly notify the Seller as the event of a breach, the an. ofm paymmr for Hros Forestall or approval of the design, shall not release the Seller of any of the contractors in obligations of this purchase order and shall troy be deemed a waiver of any sight of the paulaser to insist upon strict performance hereof or tiny of its rights or remedies as to any such goods, regardless of when shipped received or accepted, as to any prior or subsequent default her, ander, nay shall any puryoned oral modification or rescission of this parchaw order by the Purchaer operate u a waiver of any of the tern hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mcogwe that in ached m is practice, o eues resulting fruitsantiVust violations are in fact home by the Pmchsaw. Theretofore, for hatgpad cause and ss consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or stay¢ antitrust laws for such overcharges relating he the particular goods or services purchased w acquired by the Purchzwrpursumtto this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]fill* Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaay and the Seller, and the Seller thereafter indicates its imbiliry w unwillingness to comply, the Purchaser may cause the work to be, performed by the most expeditious mars available to it, and the Seller shall pay all costs associated with such work. The Seller shall .1. the Furtherer and its eaatractors of arty tier from all liability and claims of soy whim resulting from the perf anco ofsuch work. This flown shall apply even in the event of fault of negligence of the parry, released and shall extend to the directors, oRerrs aw employees ofsmh party. The Sellers commercial obli,mem, including warranty, shall not be created m be reduced, in any way, because such work is performed or caused to be performed by fie Purchaser. 14. PATIENTS. Whenever the Seller is required to use any design, device, mammal or process covered by lever, patent, trademark copyrigh, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented 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 f pay by many of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pear thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for fie Pumhaur the right to continue using said equipment or pans, replace the same with subshatially ♦yual but nownfringing rquipmrnt or modify it so it becomes noninGnging. 15. INSOLVENCY. If its, Seller shall become insoh'ent or barlpt, make an assigmnem for fe beef of creditors, appoiny a receiver or trustee for any of the Sellers prop try, or busimss, this order may fothwith be, mnceled by the Pumhaxer without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation off¢ agreement all the rights of all patties hereunder shall be construed away and governed by the laws offe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunativids), on the promises ofofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury to fie work andfor materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by when for installation or wooden by fie Sol[., the Seller shall receive, unload, same and handle mate at the site and become responsible therefor as though such manenals motor equipment were being famished by the Seller undo the maker. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers examponexishow. solutions occupational disease benefits, to in employees employed on or in connection with the were, covered by this purchase order, writer to their dependents in mcoadatce wit the rows of the state in which fie work is to be, done. no Seller shall slut tarry mmprthersive Renal liability including. buy not limited m, commwnal and automobile public liability iruurancc with bodily injury and death limits of a tom, S30L0W for any one person, SSW." for my me accident and property thrage limit per accident of S4o0.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of me Sellers or his corrosion employers shall den any work upon the premises of offers, the Seller shall famish the Purchaser with a artifwte than such compensation and insurance have been provided. Such comficates shall specify the date when such compensation and insurance have been provided. Such cenifiectm shall specify fe date whoa such mrrmpemmlon and insurance expires. The Seller agrees that such compensation and journeyer shall be maintaind until after the entire work is employed and aacmmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire responsibility and liability Ibr any and all damage, loss or injury ofany kind Or nature whatsoever to persons or pom ny caused by or resulting from fr execution off¢ work provided for in this purchase order or in correction herewif. The Seller will indemnify and hold harmless the Fumhauy and any r all of the Pumhasrrs officers, agents and employees fmm and against any and all claims, lasso, damages, charges or expenses, whether direct or warned, and whether to Forms or property to which the Purchaser any be put or subject by reason of any act, action, neglect, omission or defauly on the pan of the Seller, any of his contractors, or any of fie Sellers at contractors officers, agents or employees. In caw my soil or office proceedings shall be brought against the Purchases, of in officers, agents or employees at any time on accounl of by crown of my act action, neglect, omission or default of the Seller of my of his conlmdors or my of its m their efforts, agents or employees as aforesaid, the Sell. hereby agrees to assume the defense thereof and to defend the same at fc Sellers own expense, to pay any and all rusts, clargq amomeys fees and ofer expenars, my and all judgments that may he mcurrd by an obtained against fie Purchaser or my of its or their officers, agents or employees in such suits or ether proceedings, and in case judgment or other lira be placed upon or obtained against th<property of the Rucbasm, or said parties in or res a result of such suits or ofer proceedings, the Seller will at once taus, fie same tow dissolved and di of arged by giving bond or c femise. The Seller and his contractors shall We all safety precautions, latish and install all guards nayesmry for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the Occupational Safety and Drafty Act of 197D and all rules and regulation ismed pursuant thereto. Revised 0712014