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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9150228Fort Collins Date: 01/13/2015 Vendor: 129790 THE FEET, INC 622 SHERRY DR, UNIT C FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150228 10f2 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 I Blanket Order to cover the cost of postage for department mailings for fiscal year 2015. Per RFP 7170 and associated 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. 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 1 LOT LS 120,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slam and local boxes. Our Exemption Number is 11. NONWAIVER, 98-04502. Fdeml Excise Tax Exemption Cenifcak of Registry 84-6000587 is regulated with the Collector of Failure of the Purchaser an insist upon strict performance of the m. and conditions hereof, failure or delay to Imemal Revenue, Denver Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). axere6e any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not remain, the Seller of Goods Rejected. GOODS REJECTED due to failure w meet specifications, either when shipped m due W defects of any of the warranties or obligations of this purchase order and dull not be deemed a waiver of any right of the damage in transit, may be mounted to you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or readies m to any such goods, regaedless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or somaqumt default interaction, nor shall any purpaned oral modification or rescission of this purchase order by the purchases operate as a waiver of any of tbe terms Inspection. GOODS are subject to the City of Fall Collins inspection on arrival. hereof. Filed Acceptance. Raeipt of the me¢haMier. sluices or equipment in rtspmne to this order ran reswt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlwrized payment on the pan of the City of Fort Collins. However, it is to be understood than FINAL Seller and the Purchases recognize thin in anal ea o is pmetice, overcharges resulting from canmut ACCEPTANCE is cultivators upon completion ofall applicable required inspection procedures. violatiaas are in fact Nome by the Purchous. Theremfamnfee good came and as consideration for executing this purchase order, the Seller thereby assigns to the Purchaer any and all claims a may sow have m bereaher Freight Temex. Shipments must be F.O.B., City of Fort Collins, 900 Woad St., Four Collins, CO 80522, unless acquired uMer Federal or awe animist laws for such o,suchamges mlot, to the Particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchases pursuant W this purchase order. bill most accomvanv, invoice. Additional abarees for perking will not be xemsed. Shipment Distaner. Where manufacturers have distributing in. in various parts of the country, shipment is expected from the emrest distribution on w destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure al sellers sole cost all na., permits, conditions and lies. required by all applicable laws, regulations, ordinances and toles of the state, municipality, territory or political subdivision where the work is perormed, or required by any other duly cmsstiNted public authority havingjuriss irtion over the work of vendor. Seller fuller agrees m hold the City of Fort Collins harmless Co. mall against all liability and loss incurred by them by reason of on asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this convect agree that the representatives we, in fact, bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits wa 1pance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incoTomend herein by reference. Any additional or i ifTcmnt temp and Imahlime, proposed by seller are objected to and hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as note.. Time isec the essence. Delivery and o arlo not thmust ch effected within the time stated on the purchase order l lat the dacroshe attached harem. tun acts of the Purchasers including, f without theInitiation,eha acceptance e, partial Into deliveries, here shall d equitable .bl n waiver, of this provision. In the his or erany delay, the Puchaer shall here, in for art to other legal and equitable remedies, the option of placing this order ehavvbere due holding she Seller liable for seeablehick am b the Seller anon nor be liable far damages as a t ofo of delay due s causes not reasonably)foreseeable which are beyond its reasonable control and without its lapis of ics, cam<q such acts of God,actsice of the militaryauthorities,ucveelayis pnonoth does, strikes, Boon,epidemics,warsin note provided Nor novice of the conditions causing such delay i5 given no the Purchaser within five delivery days afire time when the Seller fins receive) knowledge thereof In the wens of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe dels,. 3. WARRANTY, The Seller warrants that all goods, within, materials and work covered by this order will confirm with applicable drawings, specifications, samples anal/or other descriptions given, will be fit for the puryosw intended, and Performed with the highest degree of care ad competence in accordance with accepted smndardi for warts of a similar ram¢. The Seller agrees to hold the purchaser hmmnless from any lass, damage or expense which the Porchuer may suRet or incur on account ofthe Sellers breach of warranty The Sella shall replace, repay or make good, without cost to the purchase my def ts or faults raising within one (1) year or within such longer pened of time as may be preenbed by law or by the to. of any applicable wmraary Provided by the Seller aRer the doe of acceptaace of the good f fished hereunder (sexpeance not to be immeasurably delayed), resulting from imperf t or detetive work done or materials fumixhed by the Sella. Accepbonce or tale of goods by the Purchaser shall act corssfimte a waiver ofmy claim under this warany. Except vas otherwise Provided in this purchase owes, the Sellers liability hereunder shall erred to all damages proximately rated by tho breach of any of the foregoing wammies m guarantees, but such liability shall in on event include loss ofpcofits or loss of ma, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal terms by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumbzcer may make any changes to the moms, whet than legal names, including additions to or deletions firm the quantities originally ordered in the spaificstiom or drawings, by vadtal at women change order. If any such change affects the amount due or the time ofperfomunce hereunder. un aquitable adjustment sholl be made. 6. TERMINATIONS. The Purchaser may at any time by written change ordeq mmniwm this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjaumew between the ponies as to any work or materials than in pregnxss provided that the Perchance shall not be liable for any claims for anticipated Profits on the uncompleted portion ofthe goods andror work, for incidental or consequential damages, and that no such adjustment be inside is favor of the Seller with respect to any goods which arc the Sellers standard stock. No such temarroma shall relieve the Purchaser or the Seiler of any oftheir obligations as In any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assdd within thirty (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamants that all goods sold hereunder shall have been prduced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect w evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby marpomtd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cash and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall resign, transfer, or convey this order, or any monies due or in became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, memorials, and items formishd in performance of this agrarian, free amW clear of any and all litre, rmuictiom, reservations, searnry interest re umbr4nces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming at defective goods by a time to be agreed upon by the Purchaser and the Sella, sad the Seller IlumRer indicates its inability err unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious morns available w it. and the Seller shall Pay all tests assauted with such wank. The Seller shall to. the Purchaser and its contractors of any tier from ill liability and claims of any venue resulting from tbe performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend W the directors, officers end employees ofsuch parry. The Seller's contractual obligations, including warrody, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchma. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patam, trademark mpynght, the Seller shall indemnify and save harmless the Purchaser from any and all claims far 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 maybe obliged to pay by reason of well infringement at any time during the prosecution or alter 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 10 constitute 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 Pumhaer the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, ar modify it so it becomes wainMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bard mp, make an assignment for the benefit of aedimrs, appoint a receiver or trance for any of the Sellers property or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of taxes used or the intermartion ofthe agreement and the rights of all parties hereunder shall be ..,it under utd governed by the laws of the Stale ofC.1o.d., USA. The following Additional Conditiam apply only in cases when the Sella is to perform work hereunder, including the services of Sellers Reprtsenbolive(s), on the premixes infinities. O. SELLERS RESPONSIBILITY. The Seller shall army, an said work at Seller's own risk until Or, same is fully complesed and accepted, pad shall, in use of any accident. destruction or injury to due work rookie rwtermis Ware Solicits final compleion and acammor , complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials all equipment ore f ixbed by comes for installation or erection by the Sella, the Seller shall receive, award store all handle same at the site wall become responsible therefor as though such rowenals unNor rywpment were being fishd by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compmadow, including decom tioral disease benefits, to its employes employed on or in connection with the worst covered by this perchase order, matter to their dependonts in accordance with the laws of the state in which she wank is w be done. The Seller shall also carry comprehensive general liability including, but not limited to, contra and and automobile public liability insurance with bodily injury and death limits of m law S300,000 for any eve Person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation mad insurance. Before my of the Sellers or his contractors employees shall do any walk upon the promises of ohe s. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban pmvided. Such ceni times shall specify the due when such ompowiniae and insurance have bean provided. Such eenifimra shal specify the date when such compensation mW insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the mine work is completed and partied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind r nature whahoever to Persov or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold boneless the Purchaser and any r all of the Purchasers officers, agents and employees form and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neither, omission or default on the pan of the Seller, any of this contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or 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 expense, to pay any cad all costs, charges, attorneys f vs and who, expenses, any end all judgments that may be incurred by or obtained against the Purchaser ar any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panic in or as a result of such scab or other proceedings, the Seller will at once cauu the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all nifty precautions, famish and install all guaMr necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates cad mkirdshom issued pursuant thereto. Revised 07R014