Loading...
HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9150260Fort Collins Date: 0111312015 Vendor: 129790 THE FEET, INC 622 SHERRY DR, UNIT C FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150260 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket Order 1 LOT LS 67,000.00 to cover the cost of mailing services for fiscal year 2015. Per RFP 7170 and associated service agreement. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Blanket Order Fuel Surcharge fir,%_i? 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@fogov.00m 1 LOT LS 840.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 elms and Conditions Page 2 of 2 I. COMMERCIAL DETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt From state and local boxes. Our Exemption Number u 11. NON WAIVER. 98-04502. Fedenl Excise Tax Exemption Cer ifcate of Registry 8C-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perforrad. of the terms seal witious ndhereof, failure m delay asInternal Panamint, Denver, Colorado (Ref. Colorado Revised Stapta 1973, Chapter 39-26, 114 (a)i excise my dghta or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofm payment fen good hereunder or approval ofibe design, shall not releae the Seller of Good Rejected. GOODS ME= due to failure to meet specifications, either when shipped or it., to def is of any of the wanamies or obligadom of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any snch good, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the corms Inspection GOODS are subject to the City of Fort Collins impaction on moved, hereof. piml Acceptance. Receipt of the merchandise, services or equipment in response W this order can esvh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wthorizN payment on the put of the City of Fon Collins. However, it is no he understood that, FINAL Seller add the Purchaser recognize that in what armomic pnebeq o ercharms resulting from antitrust ACCEPTANCE is dependent upon completion of all aWllmble r quirts inspection prex edmn. violations are in fact home by me Pmchazv. Thcma fors, for good ntue and as consideration for executing this Immhase order, the Seller hereby assigns W the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments must be F.O.D., City of Fan Collins, 700 Wood Sc, Fon Collins, CO 80522, unless acquired trader federal or state antitrust laws for such overameges relating to the particular goods or services otherwise spenfed on this order. If permission is given to prepay freight add charge separately, do original freight purchased or acquirnd by the Purebasa pursuant to this purchase Order. bill most accompany invoice. Additional charges for pecking will our be acttpted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manifaztrears hove distributing points in visomis pare of the country, shipment is Ifthe Purchaser dipca the Seller W cancer nonconforming or defecive good by a data to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when Puchamr and the Seller, and the Seller Nerwfler indicates its inability m wwiilingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated with such work Perwns. Seller shall .me at sellers sole cost all necessary permits, cenifiwns and licenses required by all ii,ht title laws, regulations, ordinances and roles of the score, municipality, tenitory or political subdivision where The Seller shell release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly c n-fitaed public authority having jurisdiction over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles This please shall apply even in the even, of fault of negligence of the petty pleased and shall extend m the and requirements. directors, ofttrs and employees of such Tandy. Autharimtion. All parties to his contract agree that the representatives are, in fast, bow fide and possess full anal complete authority to bind said putia. LIMITATION OF TERMS. This purchase Order expressly limits acceptance W the toms and conditions stated Tessin set forth and any supplementary or additional mats and mMitions annmed hereto or incorporated bureau by reference. Any additional or diRamat terms and conditions proposed by seller Ott objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately ifyou .wool make complete shipment W arrive on your promised delivery data a noted. Tate is of the...once. Deliveryand performance must be effected within the time stated on the purchase Ordo, vad the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanim late deliveries, shall operate m a waiver of this provision. In the event wan, delay, the Purchaser shall have in addition to other legal and equitable remedies, the option of placing this We, elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages w a result of delays due to eattses not reasonably foresaable which are beyond its reasonable cannot add without its fault ofnegligeace, such acts of God, acts ofeivil or military authorities, govemmmpl priorities, fires, studies, Rood, epidemics, wars or riots provided Nat notice of the conddivanx causing such delay is given o the Purchaser within five (5) dys of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall W extended for the period equal to the time..ily Ins. by reason of Oise delay. 3. WARRANTY, The Seller warrants that all good, articles, materials and work covered by this Order will conform with applicable drawings, specifications, sampler mdor other descriptions given, will be fit for the purposes intended, aeA perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sel lens breach of warranty. The Seller shall replace, repair or make goad, without cost to the pumhaseq any defects or faults arising within one (I) year or within such longer period of time us may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not comtimte a waiver of my claim Order this warranty. Except res otherwise provided in this purchase order, the Sellers liability hemure er shall extend to all damages proximately caused by the breach of any of the foregoing wamntles or gu arms, but such liability shall in no went include lass of pmfits or ma of use. NO IMPLIED WARRANTY OR MERC14AWARILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal pens by written change order. S CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the terms, other than legal tams, including additions to or deletions from the quantities originally ordered in the specificmium m drawings, by verbal or wrinen change -&, If aay such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement w W any or all portions of the goads then not shipped, subject to my equitable adjustment between the ponies as to any work or materials then in progress provided that the Puchaser shot) not be liable for my claims for anticipated prNs on the =completed portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be trade in favor of the Seller with respect W my good which we the Sellers smmdrd stock. No such temicatiom shall relive the Purchaser, or the Seller ofmy of then oblrganom as to any good delivered hereWMer. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be sssened within thirty, (30) days from the data the change or termimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but all Goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulaliuns to which the goods are subject. The Seller shall execute and deliver such documents as may be nominal to effect or evidence compliance. All laws and regulations required to be incoryamted in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pure seam harmless from .11 costs and damages suffered by the Forehand, as a all of the Sellers fail. W comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my mania due or to become due hereuMer without the prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear oral umesmeed title to the Purchaser far all equipment, mmenals, anal items fueaished in performance of this agreement, fee and Now of my and all liens, resmctiom, reservations, semrity morrow awwol oma and claims ofothers. The Sellers contractual obligations, including waranry, shall not be demand W Ind reduced, in my way, because .on work is performed or caused W be par omed by the Purchaser. 14. PATENTS. Winnower the Seller is required to use any design, device, material or prie ss covered by loner, patent, trademark or copyright, the Seller shall indemnify add save harmless the Purchaser from any and all claims for infringement by mason of the use of such patented design, device, material or proses m transaction with the contract, end shall indemnify the Purchases for any cost, expense or damage which it may be obliged to Pay by reason of such mfdngemem at any time during the prosecution or alter the completion of the work. In case said equipment, or my pan thermf or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfunging equipment, or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become inushent or banWtpt, make an assigmrcm for the benefit of cmdoon, appoint a or trustee for my of the Sellers property err business, this order may f nflue th be curled by the Parmhoser without liability. 16. GOVERNING LAW. The definitions ofprms used or the interpretation ofthe ageanenl and the rights ofall panics hereunder shall be constried miler and governed by the laws of the State of Colorado, USA. The following Additional Corulitisw apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(.), as the premises of others. 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 x of my accident. destroom. nr injury to the work annclor materials before Sellers final completion and acceptance, complete the work at Sellers own express and to the satisfaction of the Pmchuer. When materials and equipment art famished by others for installation or erection by the Seller, the Seller shall receive, =load, store and handle same at the site and become napsmible therefor as though such materials suitor equipment wart being ftismuhed by the Seller wider the order. IS INSURANCE The Seller shall, al his own expense, provide fen the payment of warkers comperwation, imluding oceupatio eel disease beref c, to its employees employed on or in connection with the weak covered by this Purchase order, sailor to their depeMents in accordance with Oise laws of the state in which the work is to be done. The Sella shall also tarty comprehensive general liability including, but not limited to, c marmar I and automobile public liability insurance with handily injury unit death limits of at least $300,000 for my one person, $500,n00 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before my of the Seloas or his contractors employees shall do any work upon the premises of others, the Sell. shall famish the Puucham, with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and imaence have been provided. Such cenifcates shall specify the date when such compemati= =d insurance expires. The Seller agrees Nat such compensation and insurance shall be maintained will after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire saporsibility adds liability for my ad all damage, Into or injury of my kind or =tuna whatsoever to persons or property missed by or resulting from the execution ofthe work provided for in this purchase order or in connection w,wif. The Seller will indemnify and hold hamdoss the Parchutt add my or all of the Pumhosem Officers, agens and employees from add against my and all claims, losses, damages, charges or expenses, whether direct or indirect, am whether In persons or property to which the Purchaser may be put or subpart by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his omncmrs, or any of the Sellers w commctors officers, agents .1 employees In case any suit -1 other proceedings shall be brought against the Purchase, or its officers, agents or employees many time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any Of its or than ofcauc agents or employees . aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, clutges, n=meys fees and other expenses, any and all judgments Out may be incurred by or obtained against the Polchasa or any of its Or their officers, agents or employees in such saaw or other proceedings, and in rase judgment or other Jim he placed upon or Obtained agora at the Pmpersy of the Purchases, err said Ixadia in or m a maul, ofsuch suits err whir pnamedings, the Seller will at ono cause the come to be dissolved and discharged by giving bond in otherwise. The Sella and his contractors shall take all safety precautions, furnish and imtall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to mfety including, but without Initiation, iiation, the Occupational Safety attd Health Ad of 1970 and all roles and regulations istded porsum, damdO Revised 0711014