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HomeMy WebLinkAbout111412 NORTHERN COLORADO PAPER INC - PURCHASE ORDER - 9150241PO PURCHASE ORDER 9150241 Page C117/ of PURCHASE 50241 I of 2 Flirt Collins( his number must appear !-\V`I ` V " 1 1 on all invoices, packing �slips and labels. Date: 01/13/2015 Vendor: 111412 NORTHERN COLORADO PAPER INC PO BOX 336730 GREELEY CO 80633 Ship To: FACILITIES DIVISION 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 3,000.00 Misc. - Janitorial Supplies to cover the cost of miscellaneous janitorial supplies to include waste baskets and like items for fiscal year 2015. All services shall be ordered by City janitorial supervisor, Facilities department only. All deliveries must be accompanied by an invoice or job ticket including contact person and site location. 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 2,000.00 Janitorial Supplies - P & Rec 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 Terms and Conditions Page 2 of 2 1. COMMERCDU.DEfA1LS. Tax exemptions. By same the City of Fall Collins is exempt from slide out local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Parchaser m insist upon stint performance of the mmn and conditions hereof, failure m delay w Internal Revenue, Denver, Colorado (Ref Colorado Revised Slawtes 1993, Cogger 39-26. 114 on. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evert Of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not adcaul the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifcatious, either when shipped or due to defects of any of the warranties or obligations of Us pmchax order and shall not he deemed a waiver of my right of the damage in transit may be women to you for credit and are not W be replaced except upon receipt of veriten Purchaser to Lewis upon strict perfomantt hereof or any of its lights or remedies en to any such gook, xpallus imtrunions from the City of Fort Collins. of when shipped, received or accepted, m to any prior at subsequent default hereunder, nor shall any purported am[ modification or rescission of this puchax order by the Purchaser Discount as a waiver of my of the tram Impenion. GOODS we subject to the City of Fort Collier mispectiov an arrival. hereof. Final Acceptance. Receipt of the membrour services or a,amment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the For of the City of Fan Collins. However, it is to be understand that FINAL Seller and the purchaser recognise that in actual economic practice, overcharges resulting from =limit ACCEPTANCE is dependent upon completion of all applicable rig ird inspection procedures, violations are in fact home by the Purchaser. Therewf rm, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to she Purchaser my and all claims it may new have or hereafter Freight Forms. Shipments mug be F.O.B, City of Fan Collins, 700 Wood St, Fall Collins, CO 80522, unless acquired under federal or state moment laws for such overcharges relating to the particular goods or services otherwise specified an this when. Upermission is given to prepay freight and charge separately, the original freight pumbased or acquired by the Purchaxrpursuam to this purchase order. bill must accompany invoice. Additional charges for packing will at be acerpted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Din Where manuti on have distibutiog paints in variow is of the annoy, Iftlm purchaser nonconforming or defective goad e m aw the Sellethe Seller a byPurchase, ill be Invoice w expected from the nearer distribution Point a destitution, and excess Freight will be dducted from Invoice worn rise Poi a its imeins or unwillingness w comply, rim Pumhasa Seller llm,ne comply. and the Seller, ed the Sellerstherenflor Pay and e shipments are made from greater dismnce. weeexeindicates xenon by the most expeditions mrnm available to in, and Nc Seller shall pay all may romxx the week w be orformd Mew sssociald with such work. Permits. Seller shall p..M ar sellers sole cast all necessary permits, condition and licenses sustained by all applicable laws, regulations, Ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pan Collins harmless from and against all liability and loss inured by them by mason of m counted or established violation of any Bran laws, regulations, ordinances, rules and Missourians. Autbo ismoe All parties to this Moment agree that the representatives are, in fact, bona Ede and goer ss full and complete authority to bind said pxa ia. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or dddimand terms and condition annexed hercm or incorporated herrin by reference. Any additional or diff was, rams and carchnime, proposed by seller are objected Io and hereby rejectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery time as noted. Time is of the esstxs. Delivery and perfomarce most be eliecmd within the time smed on the purchase order and she documents attached hereto. No acts of the Purchaers including, without limitation, acceparm, oIntnial late deliveries, shall operate as is waiver of Nis pmvuion. In the event ofany delay, the Purchaer stall have, in addition to other legal and equitable ma dies, the'don of placing Nis order elxwbere and holding the Seller liable for damages. However, the Sella shall not be liable for damages m a each of delays due to causes not Miserably foreseeable which are beyond its msirruble control and without its fault of negligence, such acts of God, ran, of civil or military authoshies, gravitational priorities, Ends, strikes, flood, epidemies. was or riots provided that notice of the conditions causing such delay D given to the Purchaser within five (5) Jays of the time when the Seller first received knowledge thereof In the eve. of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wasranns that all goods, articles, materials and work coverd by this order will conform with applicable dioxin, spew fiestione, samples smaller other descriptions given rill be fit for the purposes intended and pert ed with the highest degree of core era mmpetence in mcordance with rccepred standards for work of a similar tunic. The Seller agrees to hold the purchaser hamrleaa from any loss, damage err expense which the Pu¢huer may wffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaxr, any defects or faults arising within one (1) year at within such longer period of time as may be prescribed by law or by the terms ofany applicable wmranly provided by the Seller after the date of eceptance of the goods famished hereunder (acceptance rim a he umeasombly delayed), resulting from imperfect of defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warmnry. Except se, otherwise prodded in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing memories or gwwMwa, but such liability shall in an event include loss of prefins in loss of ux. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Porebmer may make changes w legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes m the terms, ether than legal terms, including addieirns to or deletions Gom the quantities originally ordered in the specificalions or dmwinys, by verbal or written change order. If goy such change affects the amount due or the time of performance hereunder, an as disblc adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any lima by written change order, terminate wet agreement as no any or all Portions of the goods then not shipped, subject to any expellable adjustment between the ponies m to my walk. materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits an Me ancompined portion of the goods unfair work, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with respect w any goods which are the Sellers standard stock. No such nermination shall relieve the Purchaser or the Seller of any of then obligations as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmmt most be acsertd within thirty (30) days from the dam the change or ernitutio a is oldrred. 8. COMPLIANCE WITH LAW. The Seller carers, slut all goad sold hereunder shall have been produced, said, delivered and famished in scrim compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such documents ss may be required to effect or evidence compliance. All laws and eegulatiaw required to be ncoryowted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify ad hold the Purchaser harmless from all toms and damages suffered! by the Purchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, people , or convey Nis order, or my moves due or to become due baemder without the prior wriarn Wns[rl of the other perry. 10. TITLE. The Seller wertants full, clew and unrestricted title to the Purchaser for all entrapment, rmmrials, and items frmishd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims etchers. The Seller shall release the Purchaser and its contmetors of any tier from all liability and claims of any nmure resulting Wm the performance ofsuch work. This release shall apply even in rise event of fault of negligence of the pony released and shall extend to the directors, officers and employees ofsuch party. The SideJs contractual obligations, including warranty, shall not be dcemed to be reduced, in my way, because such work is performed or caused to be performed by the Perchssa. 14. PATENTS. Wh ce,O, the Seller is required to we any design, device, material or process covered by letter, patent, trademark copyright, 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 praass in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said rquipment or any pan thereof or the internal use of the goods, is in such wit held to constitute infringement and the use of said equipment Or pan is cnjoinal, the Seller dull, al its own expense and el its option, either procure for the Purchaser the right to continue using said economical or parts, replace the same with automatically equal but nonaGrnging reimposem, or modify it w it becomes renninfringing. 15. INSOLVENCY. If the Seller shall become content nt or ba.:mpt make an assigmnent for the benefil of crditors, appoint a receiver or Manor for any of the Sellers property or business, this oMe, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definiames of term used or the interpretation of the agreement ad tha rights of all ponies hereunder shall be command under and gorrmed by the lawn of the Suite ofCommido, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, inebriating the services of Sellers Represenmive(s), on the Premises ofothen, 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in u of my accident desnuclme a, injury to line work and/or materials before Sellers Goal completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Fncbmer. When maredals and component and fumishd by others fro installation or amnion by the Sella, the Seller shall receive, unload. sore and handle ware at the site and become responsible therefor ss though such materials andfor equipment were being fie areal by the Sella under the alder. 18. INSURANCE. The Seller shall, at his own expeue. provide far Ne payment of coders compensation, including occupational disease be refirs, to its employees employed on or in connection with the work covered by this purchase code, and/or to their dependents in accordance with the laws of the scale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but at limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 55IXI,IX%i for any one accident and property damage limit per accident of S4flodroo. The Seller shall likewise require his contractom, if any, to provide for such compensation most insurance. Before any of the Sellers or his consonants employees shall do any work upon the premises of orders, the Seller shall famish the Function with a cenificme that such compcwtion and insurance have been provided. Such certifewes dull specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and irwutmce expires. The Seller agrees that such compensation and moment shall be maintained until after the entire work is completed and occepsed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the ensue responsibility and liability for any and all damage, loss or injury of any kind or moue whatsaaver to persons cr property caused by or resulting from the execution ofthe work provided for in this purebax order or in connection beMwith. The Seller will indemnify and hold harmless the Purchma ad any or all of the Ptuctssres officers, agents and employees from and against my morel all claims, losses, damages, charges or expaaes, whether direct or indirect and whether no persons in property to which the Pncbaer may be put or subject by M>wn of any our, action, neglect, omission or default on the pan of the Seller, any of his commonly, or my of the Sellers or contmetors officers, agents in employees. In rase my suit or other pmceciings shall he brought against the Purchase, or its officers, agents or employees at any time on "wool or by reason of any ran, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as ofarewid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all casts, charges, attorneys fees and other expenses, my ad all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such Ries or other proceedings, and in case jdgmmt or other lien be placed upon or criminal against the property of the purchases, or said panics is or as a mull ofsuch suits or other proadings, the Seller will at once wax the same to he dissolved and discharged bygiving bond or otherwise. The Sella and his contractors shall take all safety precautions, fumisb and install all guards necessary, for the prevention of acciderm, comply wish dl laws and regulations with regard to safety including, but wiWout limitation, the Ottupatioml Safety and Health Act of 1970 and all roles and regulations issual parmand themes. Revised 092014