HomeMy WebLinkAbout267773 JAX FARM & RANCH LLC - PURCHASE ORDER - 3215226PO
PURCHASE ORDER 321522er Page
City of PURCHASE
327 5226 1 or 2
' `ppear
F6rt Collins�slips
on all invoices,
pacst king
on all invoices, packing
and labels.
Date: 01/12/2015
Vendor: 267773
JAX FARM & RANCH LLC
ATTN: ACCOUNTS RECEIVABLE
1200 N COLLEGE AVE
FORT COLLINS CO 80524
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
Supplies, Clothing, Safetyboot
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
Total $60,000.00
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
L COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
11 NONWAIVER.
98-04502, Federal Excise Tax Exemption Cmifieste of Registry 94-60(1 is registered with the Collector of
Palms of the Purchaser to insist upon stria Performance of the turns and conditions herdef, failure or delay to
Intcmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, fdlure to promptly notify the Seller in me event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Gods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
mv of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the
damage in transit, may be returned to you for credit and me Trot to be replaced except upon receipt of written
purchaser to insist upon strict performance herwf or any of its rights or remedies as to my such goods, regardless
Instructions from the City of Fan Collins.
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my mr ooed
oral modificati= or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on moval
trump
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authatided payment as the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser rewgniee that in sews cro is practice, ovee rcharges sulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, forgoodcause and as modification for execudng this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be F O.B., City of Fan Collins, 700 Wood St, TO, Collins. CO 90522, unless
acquired under federal or Aare antitrust laws for such overcharges relating to the particular goods or services
oherwse specified on this order. if permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dletmce. Where manufacturers have disc outing points in venous puts of the country, shipment i5
If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest hummu s point to downturn, and excess freight will be deducted fmm Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwolinpres to comply, the Purchaser
shipments are made fmm grcamr distance
may cause the work to be urfumtd by are meet expeditious means available to iL and the Seller shall pay all
costs dequiard with such work.
Permits. Seller shall pmeare at he. sole wn all necessary Femurs, wnificates and licerees required by all
applicable laws, regulations, ordiwnces and other of the suite, municipality, rerromy or political subdivision where
the work is perami or required by my otter duly cunstimted public aum.nry having jurisdiction over the work
of vwder. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by roman of an reacted or established violation of my such laws, regulations, ordinances, roles
and r c uirwrom,
Authorisstion. All parties to this contract agree Mat the representatives are, in fact, bona fide and caw eu full and
complete authority to bind said parties.
LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terms and conditions Stated
herein sat forth and my supplementary or additional terms and conditions annexed herein or intermarried herein by
reference Any additional or different terms and conditions proposed by caller are objected] to and hereby rajxtd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Imnnediady if you cannot make complete shipment to curve on your
promised delivery time as noted. Time is of the essence Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limiution,acceptaneofpamalatedelivmes,shalopemteesawaiverofthispm n. In Me event ofmy delay,
the Purchaser 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 at reasonably foreseeable which are beyond its reasonable control and without Its fault of negligence,
such acts of God, acts of civil or military mahondes, govemmentai pooritues, fires, strikes, hood epidemics, wars or
nots provided Mat notice of the conditions causing such delay is given to the Purchaser within live (5) days of me
time when the Seller first received knowidge thereof In the event of my such delay, the date of delivery steal be
extended for the period aqua to the time actually Ion by reason of the delay.
J. WARRANTY.
The Seller warrants that all goods, worries, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other deuriptions 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
wrier nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warmry. The Seller shall replace, repair or make
good, without cost to the purchases, any detects or faults arising within one (1) year or within such longer period of
time u may be prescribed by law or by the terms of my applicable warrchry provided by the Seller after the date of
acceptance of the goods furnished(acceptance hereunder not to be unicameral delayed), resulting from imperfect
or defective work done or materials famishd by the Seller. Axeptmce or use of good by the Purchaser mail not
constitute a waiver of my claim under this summary. Except as otherwise provided In this purchase order, me Sellers
liability hereunder shall extend to ail damages proximately causd by the breach of any of the foregoing... es
or guarantees, 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 TERNS.
The Purchaser may make any changes to me terms, other Man legal terms, including additions to or deletions from
the quantities originally ordered in the awdifications or drawings, by verbal or wrimen change order. If my such
change aRects the answer due or the time of performance hereunder, an equitable adjustment shill he made.
6 TERMINATIONS.
The Purchase may to my time by whom change code. tetmmue this agreemon as co any or all poaions of the
goad then not shipped subject to my equitable djustreart between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
Portion 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 Or my goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller army of their obligations as to my goods delivered hereunder.
). CLAMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within throw (30) days from the date the change or termination is
ordered
I. COMPLIANCE WITH LAW.
The Seller wartms For all good said hereunder shall have been produced, sold delivered and famished in strict
compliance with all applicable laws and regular.... to which the goods 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
incorporated in agreements of this character are hereby mou,sualed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cases and damages suffered by me Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT
Neither parry shall assign, transfer, or wnvry this order, or my monies due or to become due hereunder without the
prior women consent of the other parry.
10, TH7-E.
The Seller warrants full, clear and unrestrcted tide in me Purchaser for al equipment materials, and items famished
in performance of this agreement, free and clear of any and al liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of my der fmm all liability and clams of my nature
resulting four the peformmce of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall mend to the
directors, office* and employees of such party.
The Sellers contractual obligations, including warmry, shall not be deemed to be reduced, in my way, because
such work is Perfmmed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process mvemd by least, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infnagement
by reason of the use of such patented design, device, material or process in screamer with the conmxt and
shall indemnify the Purchaser for my con, expanse or damage which it may be obliged ro pay by reason of soar
infringement at any time during the prosecution or after the completion of the work. In case sad equipment or
my put thereof or the intended use of the good, is in such suit held rat 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
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nownfringing equipment, or modify it so it becomes naninfnnging_
15. INSOLVENCY.
If the Seller shall werne insolvent or bankrupt make m assignment for the benefit of modurs, appoint a
reciver or trustee for my of the Sellers Dmpe, or business, this order may foMwith be carnet ed by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or The incorporation argue agreement and the rights of al Forties hereunder steal be
wnmued under and governed by me laws arm, State of C.1madd, USA.
The following Additions Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representmive(c), on the premises of others.
10. SELLERS RESPONSIBILITY.
The Seller shall carry on said work ar Sellers own risk until the same is fully completed and accepted, and shall.
n case of my accident demo mom or injury to the work major materials before sences final completion and
acceptance, complete the work at Sellers own expense and a the subtraction of he Purchase. When mamas
and equipment are famishd by others for installation or erection by the Seller, the Seller shall receive, =load,
store and handle same at the sat and became responsible therefor as though such materials and/or equipment
were being famished by the Seller order the order.
18. INSURANCE,
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
hall, Insurance with bodily injury and death Muria of at least sTW.oOp for any one person S500.0q for any
one accident and property damage limit Per accident of 540L" The Seller shall likewise require his
commulders, if my, to provide for such compensation and insurance. Before any of the Sellers or his contraeors
employees shsl do my work upon the premises of others, the Seller steal famish the Purchaser with a cenificare
thou such compensation and insurance have Bern provided. Such cerofiwtes shall specify the due when such
compensation and insurance have been pounded. Such certificates shall specify the date whom such compensation
and insurance expires. The Seller agrees that such wmpnssarion and insurance shall he admired =cal after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more nwponsibillry and liability for my and all damage, loss or injury Of any kind
or nature whatsoever to Persons 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 harMess the Purchaser and any
or all of the Purchasers officers, agents and employees fmm and against my and all clams, losses, damages,
charges or expenses, whether direct or indirecL and whether to proven or property to which the Purchaser may
be put or subject by reaon of my act action, neglect omission or default an the pan of the Seller, my of his
contractors, or my of the Sellers or contractors officers, agents or employees. In more my suit or other
proceedings shall he brought against the Purchase, or its officers, agatrs or employees at my time on account or
by reason of my act, action, reflect, omission or default of the Seller of my of his wmractors or my of is or
their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all ass, charges, attorneys fees and Omer expenses,
my and al judgments mat may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment Or Other her be placed upon or
obtained against the property Of the Prnhasm or said parties in or m a result of such suite 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, furnish and instill all guard nxeuary for me presented of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupatiwna Safety and Hedm An of 1970 and all rules and regulations issued pursuant thereo.
Revised 0M014