Loading...
HomeMy WebLinkAbout208277 CINTAS FIRST AID & SAFETY - PURCHASE ORDER - 3215186Fort Collins Date: 0111212015 Vendor: 208277 CINTAS FIRST AID & SAFETY 11411 E 51STAVE DENVER CO 80239-2607 PURCHASE ORDER PO Number Page 3215186 1e12 This numbericemust appear on all invos, packing sli sand labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 1 2015 Blanket order Water Utilities Dept. 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 40,000.00 Total $40,000.00 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. COMMERCIALDETAII Tax exemptions, By smut. the Ciry of Too Collins is exempt from state and local taxes. Ow Exemption Number is 98-W502. Federal Excise Tax Exemption Certificate of Repiaty 84-611oo597 is registered with the Colleen, of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, 114 firo Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of Witten instrunions from the City of Fan Collins. Inspection. GOODS are subject to the City of Few Collins inspection on arrival. Final Acceptance. Receip' of the merchandise, services or equipment in response to this order can r exult in mthonaed payment on me part of the City of Few Collins. However, it is to be understood that FINAL ACCEPTANCE is depeodem upon completion of all applicable required inspection procedures. Freight Terms. Shipmen6 must be F.0 B., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will trot be accepted. Shipment Distance. Where manufacturers have distributing points in varm. pats of the cowuy, shipment is expected from the nearest dismbution prim to destination, and excess freight will M deducted from Invoice when shipments are made from greaer, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificarm and licenses required by dl applicable laws, regulations, summaries and roles of me state, municipality, ormum, or political subdivision where the work is performed or required by aq other duly cunsaituted public authority having jurisdiction over the work of vendor. Seller former agrees on hold the City of Fort Collins harmless form and asam,, all liability and loss urinated by mem by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization, All parties to this contract agree mat the representatives are, in fact, bona fide and possess full and complete authority to bind said panes. LIMITATION OF TERMS. This Purchase Order expressly ]inner acceptance to me terms and conditions noted herein set form and any supplementary or additional terns and conditions annexed hereto 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 amve m your promised delivery dare as noted. Time is of the essence. Delivery and performance must be affected within the time stated on the purchase order and me documents snitched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate w a waiver of this provision. In the event of any delay, the Puchazer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its remostable control and without its fault of negligence, such acts of God acts of civil or military authorities, governmenw priorities, fires, mikes, food epidamia, wars or dots provided thin notice of me conditions causing such delay is given to the Purchaser within five (5) days of me time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for me period equal to the time actually lost by reason of the delay. 3. WARRANT'. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and performed wm 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 any loss, damage or expense which for Purchaser may sd£er or incur on account of the Sellers breach of wmanry. The Seller shall replace, repair or make good, without cos w the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the arms of my applicable warany provided by the Seller after the date of not acceptance of the goods fumished hereunder (acceptance o be unm rennably delayed), resulting from imperfect or defective work done or materials fumished by me Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrmy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantcs, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5_ CHANGES IN COMMERCIAL TERMS. The Purchaseranmay make y changes t o the arms, other then legal terms, including additions On or deletions from the quantities originally ordered in thespecifications or dawnp, by verbal or wrinen change order. If any such change affects me amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may n any time by wdnen charge order, terminate this agrcemmt as to any or all portions of the goods thm not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adAmment be made in favor of the Seller with respect to my goods which are me Sellers standard stock. No such termination shall relieve me Purchaeer or the Seller of any of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for whumnew run be asserted within thirty (30) days from the dare the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wa.ranrs than all gands sold hereunder shall have been produc.d, sold delivered and fumished in non compliance wth all applicable laws and regulations m which the gaads are subject The Seller dull execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoryorated herein by this reference The Seller agrees to indemnify and hold the Purchaser bormless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT Nelther parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and mrauicted title to the Purchaser for all equipment materials, and item famished in performance of this agmorner, , free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon nnu performance of the terms and conditions herwf, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me even of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral madifiestien or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize thin in actual economic pruesd, overcharges resulting from actions, violations are in fact home by the Purchaser. "interface, goad cause and as conddeution for executing this purchase order, the Seller hereby assigns ter the Purchaser any and all claims it may now have or hereafter acquired under federal or state minnow laws for such overcharges relating to the pomerdar goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs die Seller to correct nonconforming or defective goods by a due to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its marbiliry or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meats available or it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature culling from the performance of'rei work. This release shall apply even in the event of fault of negligence of me parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or cataaeA m he performed by the Purchaser. I4. PATE,NTS. Whenever me Seller is required to use any design, device, material or process covered by liner, patent, trademark Or copyright, me 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 process in cormenion with me contract and shall indemnify the Purchaser for any cast, axpmse or damage which it may be obliged to pay by reason of such infringement at any time during me prosecution or after the completion of me work. In case sad equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser me right to continue using said equipment or pans, replace the same with subnsnrially equal but noninfrr ingequipment or modify it so it becomes noninPonging. 15, INSOLVENCY. If me Seller shall become insolvent or bankrupt, make on assignment for me bmeft of creditors, appoint a receiver or use for any of the Sellers property or business, this order may formwth be emerled by me Purchasertrust without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the righ. of all probes hereunder shall be wnsamed under and governed by me laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represmmive(s), on the premises crummy IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in are of any accident, destruction or injury to the work and'or materials before Seller's final completion and accorance, complete me work at Sellers own expense and to the smiafrstion of the Purchaser. When msariuls and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same an the site and become responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease lavorms, to its employees employed on or in connection with the work covered by this purchase order, and/or 0 their depmdmss in accordance win the laws of the state in which the work is to he done. The Seller shall also carry cumpre verave general liability including, but not limited to co vactual and automobile public li abil it, insurance with bodily injury and death limits of at less' $30).00) for any one Person, E500,000 for any one accident and property damage limit per accident of S100,000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of she Sellers or his contractors employees shall de any work upon the premises of timers, the Seller shall famish the Purchaser with a certificate don such cumparation and insurance have been provided. Such certificates shall specify the date whom such compensation and insurance have hem provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shirt be remained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the mum resprmibiliy and liability for any and all damage, loss or injury of my kind r enure whatsoever to permits 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 Immodest the Purchaser and any or all of the Purchasers officers, agents and employees from and aganst my and all claims, losses, 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, neglect omission or default on the pan of the Seller, my of his convectors, or my of me Sellers o contactors officers, agents or employees. In c my suit to other proceedings shill be brought against me Purchaser, or its officers, opens or employees at my time an account or by reason of my act, anion, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees ar aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same an the Sellers awn expense, to pay my and all costs, charges, anormys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such swiss or other proceedings, and in case judgment or other Into be placed upon or obtained against the property of the Purchases, or sad parties in or as a result of mch suits or other proceedings, me Seller will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and trivial all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all rules and regulations issued pursuant therein. Revised 072014