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HomeMy WebLinkAbout208277 CINTAS FIRST AID & SAFETY - PURCHASE ORDER - 9140377Fort Collins Date: 01/09/2015 Vendor: 208277 CINTAS FIRST AID & SAFETY 11411 E51STAVE DENVER CO 80239-2607 PURCHASE ORDER PO Number Page 9140377 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY 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 2 Transfer funds to 070 3 Transfer funds from 072 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.wrn 1 LOT EA 1 LOT EA -3,410.00 114.00 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. COMMERCIAL DETAILS. Tax examinees, By Hahne tbe City of Fan Collins is exempt firm war and local taxes. our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cartificme of Registry 8,1 0 581 is registered with the Collator of Failure of the Pnuchmo W insist upon strict perfannma of the to. and conditiam heerf, failure or delay to Internal Revenue, Drover, Colorado (Ref Colorado Bastard Stamtes 1971, Chapter 39-26,114 (a). examine any rights or remedies provided herein or by law, failure an promptly notify the Seller in the event of a French, the acceptance rfor payment for goods berounda or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet spoificatiom, either when shipped or due to defers of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in namit, maybe retumd to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perform. hroul any of its rights or remedies as many such goods, regardless instructions from the City of Too Collins. of whom shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any puryarted oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver Of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fan Collins. However, it is to be understand that FINAL Seller and the Purchaser formation Out in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, dependent upon completion ofall applicable required inspection procedures. violations an in fact home by We prominent. Theretoforeafar good coma and as mnsihmtion fro executing this purchase oral the Seller hereby assigns of the Purchaser any and all claims it may now, have or hereafla Freight Terms. Shipments must be F.O.D.. City of Fort Collins, 200 Wood St., Fan Collins, CO 80522, aJess acquired under fedet or state mtitmst laws for such ovmhrums relating In the particular goods or sluices otherwise specified on this will if pemmssion is given W prepay tonight and charge separately, the natural freight purchued or acquired by the Purthoser pursuant to this Franchisee order. bill most accompany invoice. Additional charges for packing will not be accepter. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactun. have distributing paints in swious pans of the comtry, shipment is Ifthe Purchaser directs the Seller W corrednomonfear, or defective goods by aerate a be agreed upon by We expected from the nearest distribution point to destination, and excess freight will be deducted farm Invoice when Pumhoser and tho Seller, and the Seller thi eager indicates its inability m =willingness a comply, the Furchazer shipments are made from greamr chrocame. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs rommaned with such work. Permils. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Iowa, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss inverted by them by rrnwn arm aoened or establishW violation of any such laws, egulaians, mdonames, roles andreqummems. Authorization. All panics W this cannot agree that the retwommitivee are, in fact, bens fide and possess Ill and complete emhodty W bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set fond and my supplementary or additional tam, and conditions amexnd harem or incorporated herein by reference. Any additional or different terms 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 arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance from be affected within the time slated on the purchase order and the ducumen, attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision In the ever of any delay, the Purchaser shall have, in addition to other legal ad equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage of a result of delays due to comes not reasonably foreseeable which are beyond its reaso=ble central and without its fault of negligence, such acts official, acts affront nt or military authorities, govcmmewul priorities, fires, strikes, Rood, epidemics, wsrs or note provided Wet votive of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thermf In the event of my such delay, the dote of delivery shall be extended for the period equal W the time actually last by reason ofthe delay. 1. WARRANTY. The Seller warrants than all goad, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for Om purposes intended, and performed with the highest degree of can and competence in accordance with armided standrds fro work of a similar nature. The Seller agrees to hold the purchaser harmless tram any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the pammem, my defects or faults arising within one (1) year or within such longer period of time in may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dte of acceptance of the goods famished hereunder (acceptantt not of be unreaw=bly delayed), resulting tram copartner in defective work done or materiah famished by the Seller Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim undo this wwway. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall mind W all damages proximately caused by the breach or my of the foregoing warranties or guarantees, but such liability shell in m 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. The Pu rhmer may make changes to legal ream by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team, .,her than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written mange order. If any such charge, atfecm the amount due or the time ofperfosmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement in to any or all portions of the goads then not shipped, subject to any equitable adjusment between the parties m to my work or materials then in progress provided that the Purchsser shall not be liable for my claims for anticipated profits on the uncompleted Portion ofthe goods sugar work, No incidental or consequential damages, and that an such adjustmmt be name in favor ofthe Seller with respect W my good which art the Sellers standard stock. No such verification shall relieve the Purchaser or the Seller army aftbeu obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjostrnent most be assumed within Worry (30) days from the dare the change or temtination is ordered. 8. COMPLIANCE WITH LAW. The Seller wa dills than all goods sold hereunder shall have ben produced, sold, delivered and fumishd on strict compliance with all applicable laws and argulutluns to which the good are subject. The Seller shall execute and deliver such documents m may be required W effect or evidence compliance. All lows and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pmchaur harmless from all cos, and damages suf tired by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither punt, shill assign tra.for, or com ythis room, or my monies due or le become due hereuder widwit the prior wrinrn consent of the other party. 10. TITLE. The Seller wanranP, Poll, clear and umesvicted title W the Purchaser for all equipment, materials, and items furnished in Performance of this agreement free and clear of my and all lions, restrictions, reservations, security interest weembances and claims ofoncimi. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any =lure msuhimg from the srformmce of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officm and employees of such Parry. The Sellers comma=[ obligations, including warranty, shall art be dmmM to r reduced, in my way, became such work is Performed or caused W be performd by the, Perchance 14. PATENTS. Wbenever the Sella is acquired rouse my design, device, material or prcass coverd by letter, patent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the see of such patmtd 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 inGngement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or life intended rase of the goods, is in such suit held to combrate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes naninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpL make an assignment for the benefit of creditors. minor a accriver or trustee far my of the Sellers proper or bosuns. this order may forthwith be canceled by the Purchazer without liability. 16. GOVERNING LAW. The definitions of tern, used or the imagination ofthe apartment and the rights of ell ponies hereunder shall be cautioned undo and governed by the laws ofthn Ste of Colorado, USA. The following Additional Conditions apply only in cases when the Seller is W perform work hereunder, including the services of Sellers Romesenmtive(s), on the promises ofmhms. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own mk until the same, fully completed and accepted, and shall, in case or my accident destruction or injury, W the work and/or materials before Seller's fi=I completion and acceptance, complete We week at Seller's own expense and to the satisfaction of the Purchaser. Whom materials and equipment are furnished by others for occultation or woution by We Sever, the Seller shall receive anlood, snort and handle sac at the site and become responsible therefor m though such materials mdnor equipment were being furnished by the Sella wader the order. 18. INSURANCE. The Seller shall, at his own expose, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed an or in connection wild the week coverer by this Famhase order, =Nor W their dependents in accordance with the laws of the mule in which the work is to r done. The Seller shall also any comprehensive gmeml liability including, but not limited on, comme ual and automobile public liability insurance with bodily injury and death limits ofm limit Smito00 for any one person, E500,000 for any one accident and property damage limit Par accident of $400,00) The Seller shall likewise require his continuum, if any, to provide for such compensation and insurance. Before any of the Seller or his contractors employees shall do any workman the premises of ethers, the Sella shall famish the Purchmer with a certificate chat such compensation and insurance have been provided. Such areficoas shall specify the dam when such compenation and insurance have been provided. Such cenifintes shall specify the date when such compensation and insurance expires. The Seller agrees chat such compensation and omurance shall be maintained until after the argue wank is completed and freelod 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 1Te Sella hereby a urms the entire respamTiliry nod liability far any sort all damage, lass or injury of any kind at =tune wharsaever to persons or property, caned by or resulting from the execurion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless We Purhasm and any or all of the Purchxaers a iews, agens and employees from and against any and all claims, losses, damages, charges at expenses, whether direct or indirect, and whether W Parsons or papery, to which the Purchaser may be put or subject by rwson of any act, action, neglect omission ar default Or the pan of the Sella, any of lin contractors, or my of the Sellers or comments officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employ. at any time oa accomt or by tcason of any act, action, neglect, omission or default of the Seller of soy of his Continuous ar any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own exPanen, to pay any most all costs, charges, aHome, fees and other exparees, my and all lodgmens that may be incurred by or obtained against the Pmchmo or my of its or their officers, agents or employees in such such, or other proceedings, and in case judgment or other lien be placed upon or obtained against Ibe property of Am Purchaser, or said parties in or as a mutt of such suits or other proceedongs, Bar Seller will at omx =use the same a be dissolved and discharged by going bond or otherwise. The Seller and his convmson shall rake all safety precammin, famish and install all guards accessary for the preventive of accidents, comply worth all lax, end regulations with regard W safety including, but without limiution, the Occupational Safety sod Health Act of 1970 and all colas and regulations issued pauxuanl trace. Revised 01R014