HomeMy WebLinkAbout104009 FEDEX CORP - PURCHASE ORDER - 9150227PO
PURCHASE ORDER 915022er Page
City of PURCHASE
s� so227 1012
Flirt Collins
on all invoices,
pacst king
;-\V`, V " �7 on all invoices, packing
�slips and labels.
Date: 01/13/2015
Vendor: 104009
Ship To:
FACILITIES DIVISION
FEDEX CORP
CITY OF FORT COLLINS
P O BOX 94515
300 Laporte Avenue
PALATINE IL 60094-4515
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015
Buyer:
DOUG CLAPP
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Blanket Order
1 LOT
LS
500.00
BRM - Shipping Charges
to cover the cost of shipping charges for fiscal year 2015.
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
2 Blanket Order 1 LOT LS 500.00
RES - Shipping Charges
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
Purchase Order Terns and Conditions
Page 2 of 2
I. COMMERCIALDETA1LS.
Tax exemptiom. By suture the Ciry of Fort Collim is wempt f sum and local mxa. U Exemption Number is
98-04502. Federal Excise Tax Exemption Calificare of Registry 84.6000587 is regineal wins doe Collector of
11. NONWAIVER.
Failure of the Purchaser, to smut upon strict perfomume of me tenor and conditions Fermi, failure or delay to
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or members provided heroin or by law, fvlure to promptly notify the Seller in me event of a
breach, the ameptance for payment for goods bueunder or mpmval of design, shall not ml.... me Seller of
Goods Rejared. GOODS REJECTED due to failure to meet specification, either what shipped or doe to &fee. of
any of thc warranties or obligations of this purchase order end shall and be dean 1 a waiver of any right of the
damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written
purchaser to imist upon onset performance hrreafor my after rights or remedies is to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default brounder, we shall my purponcd
am] modification or rescission of this Purchase order by the Purchaser operate as a waiver of any of the terms
Imparim. GOODS arc subject to me City of Fon Collins impaction on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, smicrs or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
uutwrined payment on the pan of the City of Fort Collins. however, it is to be understood that FINAL
Seller and the Purchaser meopmm that in actual economic practice, oveeharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable reuired qinspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Furtherer any and all claims it may now have or hereafter
Freight Terms. Shipments most be F'.O.B., City of Fart Collins, 900 Wood St., Tom Collins, CO 80522, unless
acquired under faleml or state antlomt laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to Literary freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
hill most accnmmnv meet— Additional chars. for racking will not be aeOmrd.
Shipment Distance. Where manufiname rs have distributing points in various pros of Joe country, shipment is
expected from the nwrest distribution mint to destination, and excess freight will he deducted from Invoice when
shipments are made firm greater distance.
Permits. Seller shall procure at sellers sole cost all weassary, permits, ecrrifwter and licenses required by all
applicable laws, regulations, mM mn. and roles of the mute, municipality, tewmry, or political subdivision when,
the work is perfoamed, or required by my other duly comtimted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fort Collins bmmless form and against all liability and loss
macturral by them by rwmn of m assened or established violation of my such laws, regulations, ordinances, roles
and rectimormors.
Authorimtion. All parties be this contract agree that he cammmatives arc, in fact, bona Ede and prssess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set funk and any supplementary or additional terms and conditions annexed hmrem or incorporated herein by
reference. Any additional or different towns and conditions pmposW by seller are objected to and hereby rejmm 1.
2. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immediately ifyou eamor make complete shipment m arrive oa your
promised delivery dam as noted. Time is of me essene. Delivery ace Performance most be eBemed within the time
stated on the purchase order and the documents attached edema. No was of the Purchasers including, without
limitalio a acceptance of pmial late deliveries, shall apemen as a x'aiaw mf W s provision. m the event of any delay,
the Purchaser shall have, in addivan m other legal and equimble remedies, the option of placing this order elsewhere
and holding she Setter liable for damages. However, the Seller shun not be liable for damages as a result of delays
due to moos not reasonably foreseable which are beymrd its consumable conwl am without its fault of negligence,
such acts of", was of eivil or military sallowness gmemmental priorities, fires, states, Bond, apidemies, wars of
riots provided that entice of the conditions taming such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge therwf. In the event of my such delay, the date of delivery shall Im
extended for the period usual m the time mainly lost by ne son Ofoha delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, spauffera ons, samples author other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar mature. The Seller agrees to hold the purchaser borders from any loss, damage or expense which the
Purchaser may sulfur or incur on account of the Sellers breach of wanmnry. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) yens or within such Imger period of
time as may be prescribed by law or by the Jeans ofany applicable wmrmry Provided by Ore Seller after the date of
acceptance of rise goods famished him mute (acceptance not to be usucasombly delayed), resulting from canniest
in defensive work done in materials famished by Ore Sella. Acceptance or use of goods by the Purchaser shall rat
corsrirme a waiver ofany claw undo this wartmry. Except as mherwise provided in this purchase mJm, the Seller
liability hereunder shall extend to all damages proximately mused by the breach of any of We foregoing com anties
Or Limestone, but such liability shall m on event include, loss of prnfier or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchmer may make changes to legal arms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the terms, other than legal terms, including additions to or deletions form
the quontitics originally ordered in the spmificutims or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an crumble adjustment shall be made.
6. TERMINATIONS.
The Purchmer may at my time by written change roar, trournew this e,cement as to any or all portions of the
goods then not shipped, subject to my equitable adjustment Oblivious the parties as W my work or materials then in
progress provided that the Pmchnser shall not be liable for any claims for anticipated profits con the uncompleted
portion Of the grads wVFw work, far incidental or combourentisl damages, and that an such adjumnem be made in
favor of the Seller with respect to MY goods which are the Seller marked d stock. No such o rmination shall relieve
the Forebear or the Seller of any of their obligation as to my goods daheared ha vunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assmcd within thing (30) days from the date the change or tcmdmum is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold herewJer shall have bun produced, sold delivered and f ishal in stria
compliance with all applicable laws and regulation On which the goods an, subject. The Sella shall execute and
deliver such documents as may be retained to effector evidence compliance. All laws and regulations required to be
invorpormed in agreemeou of this character are hereby incorporated homin by this mfrence. The Seller agrees to
indemnify and hold the Purchaser harmless form all costs and damages suffered by Use Purchmer as a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall usign, transfer, or convey this well or any monies due or to become due hereunder without the
prior written consent ofee other party.
10. TITLE.
The Seller warrants fall, clear and ar avictal ti0e m the Purchaser for all aryipmmt, mmerisls, and items fumishal
in Mwnmwa of Wes agreement Gee and clear of my and ell liens, rntriniom, rev hence, samriry wmn,n
encutnbmrces and claims ofothera.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or def hive goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its irabiliry or unwillingness to comply, the Purchaser
may, cause the work to be pert al by We most expedition means available on it, and rise Senn shalt pay all
costs resso imed went such work.
The Seller shall release f purchase and its contemner of my tier from all liability and claims of my nature
resulting from the panoramas: ar.rh wank.
This release shall apply even in the event of Paull of negligence of the party released and shall extend to the
directors, oliews and employees ofsuch parry.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Wbenever the Seller is required to use any design, device, material or process coveral by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement
by reason of she use of such patented design, device, material or process in contraction with the contract, and
shall indemnify the Purchaser for my cost, exprnsc or damage which it may he obliged to pay by reason of such
infringement or my time dating the pberatiion or after she completion of the work. In case said equipment, or
my pan tbermf or the intended use of the goods, is in such suit held m care ae infringement and the tsu of
said rears mr an Fan is enjoined, she Seller shall, as its own expense and at its Option, either promre for the
Purchaser the right to common using said retirement or purer, teplam the some with sttbnentially equal but
noninfringing rempmat'. or Modify it so it bommos tmrinGngwg.
IS.MSOLVENCY.
If the Seller shall become insolvent or baal:mpt, take m assigrment for the benefit of creditors, official a
Waiver or trustee for any of the Sellers proorder may or business, this ordmay forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all pmies hereunder shall be
construed under and governed by the laws of the Stare Of COlwwJu, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers RryreunativNs), on the premises of ohers.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work or Settees Own risk until the acme is Billy completed and accepted, and shall,
in se of my accident, destruction Or injury to the work and/or materials before Sellels final completion and
aceeprmee complete me work at Sellefs own expense and m the satisfaction of the Purehasa. When mmerials
and equipment are fmwshed by Others for insallmion m arc mime by me Seller, me Seller shall receive, wined
store and handle stare m the site and become c apmaibtc therefor m though such materials ammr equipment
were being famisbal by the Sella rubber the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers confirmation, imluding occupational
disease benefits, to its employees employed an or in contraction with the work covert by this purchase order,
and/or to their dependents in accordance with the laws of the some in which the work is to be done. The Seller
shall also carry, comprehensive general liability including, but not limited to, continental and automobile public
liabiliy insurance with bodily injury and death limits of at least $300,000 for any one person, E500,00q for any
one ... own and property damage limit per accident of $400,000. The Sell. shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall dO any work upon the premises of others, the Seller shall finish the Purchnser with a certificate
that such compensation and insurance have ben provided. Such cerefir es shall specify the date when such
compensation and insurance have been provided. Such catificales shall specify the dam when such compensation
and insurance expires. The Sella success that such compensation and imuance shall b, maintained until after the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the -rim responsibility and liability for any and all damage, loss or injury of my kind
Or taturc wha¢oa'er re persons or property mused by or resulting Gam the execution ofthe work provided for in
this purchase order or w correction herewi0. The Seller will indemnify and held harmless the purclansa and my
r all of the Pmcisasers Ofform, agents and employees form and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmpeny, in which the Purcleasa may
be put or subject by reason of my act, action, neglat, omission or default on the pan of the Sella, my of his
contractors, or my of the Seller or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought againsn the Purchase'. or its officers, ageats Or employes an any time on account or
by reason of any ow, action, neglet omission or deWuf of the Seller of any of his ventmaars or any of its or
their officers, agents m employes as aforesaid, the Seller hereby agrees to assume the defense thereof end to
defend the same at the Sellers awn expense, to Pay any and all costs, charges, sumneys fees and other expenses,
any and all judgments that may be incurred by or obmined against fie Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or
obtained against the pmperry of the Purchaser, or said parties in or as a result Of such suits or other procealings,
the Seller will at once muse me same to be dissolved and dischmged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
acidems, comply with all laws arm regulations with mgard in safety including, but without Radiation, the
Occupational Safety and Health Act of 1970 and all rules arW regulations issued pogroms thetaw
Revisal 07n014