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HomeMy WebLinkAbout452174 THE GIFT OF TOUCH - PURCHASE ORDER - 3215216Fort Collins Date: 01/12/2015 Vendor: 452174 THE GIFT OF TOUCH JENNIE VALDEZ 1806 W STUART ST FORT COLLINS CO 80526 PURCHASE ORDER PO Number Page 3215216 1of2 This number must appear on all invoices, packing sli s and 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 2015 Blanket order Training 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 110 rr rr Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0680 Purchase Order Teens and Condition, Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By atat me the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Comficam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hermf, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamens 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, The acceptance of or paymem for goods hereunder or approval ofhe design, shall not release The Seller of Goods Rejected. GOODS REJECTED due m failure m meet specifications, either when shipped or due to defects of any of The warranties or obligations of this purchase order os shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and are act to be replaced except upon receipt of wrinen purrLazer To insist upon strict cerfotmance hereof or my of ors rights or remedies u m any such goods, regardless instructions from The City of Fan Collins. of when shipped, received or recall as to any prior or subsequent default hereunder, nor shall any pwp ened oral modification or rescission of This purchase order by Be Purchaser operate its a waiver of any of The terms Inspection. GOODS are subject to the Ciryof Fort Collins inspection on arrival. hermf Final Acceptance. Receipt of the merchandise, services or equipment in response as This order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to be understood That FINAL Seller and The Purchaser recognize that in actual economic practice, overcharges resulting from titrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations me in fact Some by the Pumhaer, Theretofore, for good cause and as consideration for executing This purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be F.0 B., City of Fort Collins, 700 Wood ST., Fort Collins, CO 80522. unless acquired under federal or state anuvust laws for such overcharges relating to The particular goods or services otherwise specified on This order. IfpemtiWon is given lm prepay freight and charge separately, the original freight purchased or acquired by The Purchaser purstranno This purchase order. bill must accompany invoice. Additional charges for packing will tut be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Medicare . Where manufacturers have distribudng Poin6 in various parts of The counpy. shipment is if me Purchaser directs The Seller TO mead nonconforming or defective goods by a dye To W signed upon by The expected from The named distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and The Seller ThereaBer indicates its inability or unwillinpress to comply, The Purchaar shipments are made from greater distance may cause the work to be performed by The most expeditious moms available to it, and The Seller shill pay all cons associated with such work. Permits. Seater shall procure at sellers sole cost all necessary permits, cenificaes and licenses required by all applicable laws, regulations, ordinances and soles of The state, municipality, territory or political subdivision where The Seller shall release The Purchaser and its contractors of any tier from all liability and claims of any routines The work is performed, or required by any other duly commucted public authority having jmsdimion over the work reglong from the parformance of such work. of vendor. Seller further agrees to hold The City of Fan Collins harmless from and against all liability and loss Ltiered by Them by reason of an acsenad or established violation of my such laws, regulations,ordinances, Odes This release shall apply even in the evert of fault of negligmce of The parry released anTo shall euand The and requirements directors, officers and employees of such parry. Authorization. All parties to this contract agree That The «presenmtives are, in fact, bona fide and possess full and complete authonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objectN no and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to active an your promised delivery dime az ewes. Time is of the comna. Delivery and FedomTmce must be eRecred within the time stated on The purchase order and The documents attached he and, No aces of the Purchasers including, without limitation,acceptanceofpartial Imedeliverm shall operate asawaiverofthisprovision. Ntheavantofanydelay, me Purchaser shall have, in addition To other legal and equitable remedies, The option of placing this order elsewhere and holding Tire 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 reasonable control and without its fault of negligence, such act, of God, ace, of civil or military authorities, yevemmemad prionties, fires, strikes, flood epidemics, wars or riots provided that notice of me conditions causing such delay is given in the Purchaser within five (5) days of The time wfien The Seller fen received knowledge Nermf, In the event of any such delay, the date of delivery shall be extended for The period equal to The time actually Ion by reason ofthe delay. 3. WARRANTY. The Seller warrants Nat all goods, oracle, materials and work covered by This order will conform with applicable drawings, specifications, samples andor other descriptions given, will be N for Be purposes intended, and performed with the highest degree of care and competence in accordance your 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 Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by The terms of any applicable warranty provided by me Seller after The date of acceptmd of The good famished herennder fmceptance not so be, unreasonably delayed), resulting from impertdt or defective work done or materials famished by The Seller. Acceptance or use of goods by The Pducbacer shall not commute a waiver of my claim under this warranty. Except as otherwise provided in This purchase order, The Sellers liability hereunder shall axtend to all damages proximately caused by me breach of any of the foregoing waranties or Summer ben such liability shall in no event include loss of pmlts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchar se may make any virtual to the terms, other than legal temw, including additions m or deletions from the quernesonginally ordered in the specifications; or dnw;ngz, by verbal or wrinm change order If my such change affects the amount due or The time ofperfomrmd hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchased may at any time by written charge order, mirrionard this agreement as to any or all portions of The goods Then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided That The Purchaser shall not be liable for my cluims for anticipated prefix on the uncompleted ,onion of The goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of The Seller with respect in my good which ere The Sellers standard stock. No such termination shall relieve The Purchuer or The Seller of any of their obligations as to any goods delivers harmander. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assmed within shiny, (30) days from The date The charge or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants That all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance will all applicable laws and regulations in which the goad are subject. The Seller shall execute and deliver such documents as may be required To effect or evidence compliance. All laws and regulations required to be iconmoats in agreements of this character are hereby incorporated herein by This reference. The Seller agrees to ndemnify and gold The Purchaser harmless from Al case and damages suffers by the Purchaser as a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or move, this order, or my monies due or to become due hereunder without ure prior written consent of Ne ocher parry. 10. TITLE. The Seller warren¢ full, clear and unrestricts sole in The Purchaser for all equipment, materials, and hens famished in Perfmmmce of this agreement free and dear of my and all liens, restrictions resenaricrts, security interest encumbrances and claims of others. The Seller's cammactual obligations, including wmwery, shall not be deemed in be reduced in any way, because such work is performed or caused to he performed by The Purchaser, 14. PATENTS. Whenever me Seller is required to use any design, device, material or process covered by letter, patent trademark r copyright me Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reeved of the use of such parented design, device, muredal or process in mrmxtion wiTh The contract, and shall indemnify the Purchaser for any con, expense or damage which it may be obliged to pay by reason of such infringement at any time swing The prosmuting or after Be completion of The work. In case said equipment. or any pan Thereof or the mends use of The goods, is in such suit held To cormlmre infingemmt and Sc use of said equipment or pan is enjoined, The Seller shall, in is own expanse and at its option, either procure for the Puchaser me right to continue using said equipment or parts, replace The same with sidecantidly equal but noninfdnging equipment, or modify it so it becomes noninfnnging. 15.INSOLVENCY. If The Seller shall become insolvent or bankrupr, make an assignment for The benefit of coguirs, appoint a readiver or tend for any of the Sellers property or business, This order may forthwith be candled by the Purchaser witlwuT liability. 16. GOVERNING LAW. The definitions of terms used or the imerpormignn of The agrammt and the rights of all parties hereunder shall be consoued Order and governed by The laws of The State of Colorado, USA. The following Additional Conditions apply only in areas where me Seller is To perform work hereunder, including me services of Sellers Repregarativels), on the premises of othad, 17. SELLERS RESPONSIBILITY. The Seller shall Tory on said work at Sellers own risk meal Ne same is fully completed and -,,red, and shall, in Tale of my accident democrats or injury to The work minor materials before Seller's final completion and acceptance, complete the work as Sellers own exp ssic and to the mighistion of The Purchaser. Whan materials and egoipmon are famished by aThers for insW laton or criterion by The Salles. me Seller shall receive, unload mare and handle some in The site and become responsible therefor use though such materials mdiar equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for The payment of workers compensation, including occupa6oral disease benefits, To its employees employed an or in connection with rise work covered by This purchase order, and/or or their depmdms To accordance with the laws of the some in which The work is ro be done. The Sd1er shall also carry comprehensive general liability including, but not limited m, cormsed l and sromobile public liability insurmce with bodily injury and ca nh limits of at least $300,40Co for any one person, 1500,00o for my accident and property damage limit per acddent of S400,000. The Seller shall likewise require his concricims, if my, to provide for such compensation and insumce. Before my of The Sellers or his contractors employees shall do my work upon me premises of other, me Seller shall furnish Ne Purchaser with a certificate That such compensation and uniumance have been provided. Such certificates shall specify me dam when such compensation and insurance have been provided. Such cortificamI shall specify The date when such compensation and insurance expires. The Seller agrees that such compensation and insuranceshall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes The mend responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property dugs by or ruWting from the execution of The work provide for in this purchase order or in mmmuon herewith. The Seller will indemnify and hold harmless The Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expanses, 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 Tormentors, or my of the Sellers or contractors officer, agents or employees. In case my suit or other proceedings shall be bought against he Purchaser, or its officers, agents or employees at my time on abandon or by reason of my act action, neglect, omission or default of me Seller of my of his contractors or my of its or Their officers, agents or employees as aforesaid the Seller hereby agrees m assume The defense Nermf and to defend The same s the Sellers own expanse, to pay any and all costs, charges, momeys feu and other expenses, my and all judgmener Nat may be incurred by or obtained against Be Purchases or my of its or Their officers, agents or employees in such ama or other proceedings, and m case judgmant or other lien be plus upon or obtained against the property of The Purchaser, or said parties in or as a result of such suits or other proceedings, The Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard 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 rules and regulations issued pursuant thereto. Revised 07al)[4