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HomeMy WebLinkAbout102776 PALMER FLOWERS - PURCHASE ORDER - 3215249PURCHASE ORDER NumberPO Page CI�/ Of^ 321524215249 1012 This number must appear] Collins on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 102776 PALMER FLOWERS PO BOX 270044 FORT COLLINS CO 80527-0044 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 PO Flowers 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9944502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hermf, failure or delay in bnemal Revenue. Denver, Colorado Hi Colorado Revised Summit 1973. Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly county the Seller in see event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not elease she Seller of Goods Rejected. GOODS REJECTED due m failure as meet specifications, either whom shipped or due to region of my of rare xammios or obligations of this purchase order and shall not M deemed a waiver of any right of the damage in transit, may M mounted w you for credit and are not to be replaced except upon receipt of ventten purchaser w must upon must performan« hereof or any of its rights or rem ties as b any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any poor or subsequent default Mreunfic , nor shall any purNmed oral modification 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 Fart Collins inspection on arrival, hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rem, in 12. ASSIGNMENT OF AN71MUSTCLAINIS. aushoiud payment on the pan of the City of Fort Collins. However, it is w be understood that FINAL Seller and the Purchaser recognize that in acwal co role practice, overcharges resulting from =trusts, ACCEPTANCE is dependent upon completion of all applicable regwred inspection procedures violations are in fact home by rue Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all calms it may now have or hereafter Freight Terms. Shipments must be F,O.B., City of Fan Collins, 900 Wood St., Tom Collins, CO $0522, unless acquired under federal or state anwmst laws for such overcharges relating to rue particular goods or services otherwise spwifcd on this order.Ifperm rvirm is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill must accompany invoice. Additional charges for backing will nor be accepted. Shipment Dinence. Where manufacturers have distributing points in various pans of the wunmy. shipment is exported from the nearer distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made form greater durance. Pemdts. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regularions, ordinances and to, of the state, immortality, territory or political subdivision where the work is performed, or required by my other duly constituted public awflunry having jurisdiction over the work of vendor. Seller further agrees to hold me City of Fort Collins harmless from and against all liability and loss incurred by them by crown of con ar ar ed or established violation of any such laws, regulations, ordinances, roles and rcquiremwnts. Authodeafte. All Fords, w this comes agree chat the representatives are, in fast bona fide and possess poll and complete authority to bind said Duties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sex Audit and my supplementary or additional terms and conditions opposed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller we objmed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cmnot make complete shipment w arrive an your promised delivery date ar noted. Time is of the essence. Delivery and penbrnmce most be effested within the time stool on the purchase order and the documents attached hereto. No ace of the Purchasers including, without limitation, acceptmce of parent late deliveries, shall operate in a waiver of this provision. In the event of my 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 snail not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence. such acts of God, am of civil or military atehori6es, governmental priorities, fires, strikes, food, promotes. was or hots provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, rue date of delivery shall be commuted for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrma that all good, articles, materials and work covered by this order will conform with applicable difirm p, specifications, samples and/or other descriptions glum will M fl for she purposes intended, and performed with the highest degree of care and competence in accmdmce with accepted maradards for work of a oralar nature. The Seller agrees to hold the purchaser Formless form one loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of wammry. 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 presented by law or by the terms of any applicable wmanry provided by me Seller spur the date of acceptance of the good famished hereunder (aveop rnme not to M unreasonably delayed), resulting form imperfect or defective work done or mstmxls fumished by the Seller, Acceptance or use of good by the Purchaser shall not committee a waiver of my claim under this wmmty. Except as oherwiae provided in this purchase order, the Sellers liability hereunder shall termed no all damages presumably caused by the breach of my of the foregoing.. a., or guarantees, but such liability shall In no event include loss of porfies 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 reacts by reunion change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions w or deletions from the quantities originally ordered in the specifications or drawing, by verbal o en charge order. If my such change affects the amount due or me time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Parchaer may in my time by wen en chmge vole, termimme Nis agreement as no any or all portions of the goods Nom not shipped, subject to my equitable adjustment between the ponies res to my work or materials down in progas provided that the Purchaser shall opt be liable for my claims for anticipated profits on due unmmploed Nation of me goods anchor work, for incidental or consequential damages, and that no such adjustment M made in favor of the Seller with respect ro any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of door obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mass be asserted within shim (30) days from the date the choose or termiraton is ordered. 8. COMPLIANCE WITH LAW. The Seller wanants that all .it, sold hereunder shall have been produced, sold, delivered and famished in strict compliance wish all applicable laws and regulations to whiten the goods an 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 agrcemen. of mix character are hereby unconfirmed herein by this mmomea The Seller agrees to indemnify and Mid the Purchaser harmless from all cases and damages suffered by me Purchaser as a result of the Sellers failure to comPly will such law. 9. ASSIGNMENT. Neither 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 perry. 10. TITLE. The Seller warrants full, clear and mremiaed title to me Purchaser for all equipment materials, and items famished in performance of this wremmt, free and clear of my and all liens, restrictions, reservations, security interest mcumbrmes and claims ofothem, 13, PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. Hthe Purchaser deed the Seller to coned nopwnfonning or defative goods Sys dame w M agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be, performed by the mom expectations mead available to 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 my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of due pony, released and shall extoud to the diremors, officers and employees of such parry. The Sellers contractual obligaums, including warrmry, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by dare Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or poison covered by legan, parent trademark or wpynght the Seller shall indemnify and save hamdars the purchaser from my and all claims for infringement by reason of the osa of such parented design, device, meterio or process in connorMn with she comment and shall indemrufy the Purchaser for my cost, eapmse or damage which it may M obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to conmlmm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and as its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it m it becomes mninfnnging, 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpt make an assignment for the bereft of creditors, ppoint a receiver or tstee for my of the Sellers property or business, this order may fowim be canceled by the PurchasermM without liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation of the agrecmew and the rights of ill parties hereunder shall M constrved order and 6mourned by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where she Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises stamen ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk soul me same is fully completed and accepted, and shall. to use of my accident, destmetion or injury to the work andor mmenils before Sellers final completion and acupwnce, complete me work in Sellers awn expense and to she satisfaction of she Purchaser. Warm matey ds and equipment are furnished by others for installation or erection by the Seller, the Seller shift receive, unload, store and handle same m the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19 INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmiond disease benefice, or its employes employed on or in comecuoa wish me .sort covered by this purchase order. and/or to their dependme in accordance with the laws of she maze in which she work is to M done. The Seller shall also cam comprehensive gored liability including, but not limitM W. committed and automobile public liability insurance wiN Mdily injury and death limits of at leam 530 ,000 for my one Person, $500,000 for my one accident and property damage limit per accident of P100,000. The Seller shot likewise require his contractors, if my, to provide for such compensation and insmanw. Before my of the Sellen or his coruachas employees seal do my work upon me premises of others, me Seller shall furnish she Purchaser with a certif care that such eompmsadon and insurance have been provided. Such cmtificmes shall Specify the dale when mesh compensation and insurance have been provided. Such certificmes shill specify she time wfim such compensation and insurance epires. The Seller agrees that such competion ion and insurance shall be mvnained nmel after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mare responsibility and liability for my and all damage, loss or injury Offers, kind or nature whatsoever to persons or property caused by or resulting from the execution of the work previdcd for in this purchase order or in connection herewith. The Seller will indemnify and Mid harmless tM Purchaser and my or all of she Purchasers officers, agwne and employees form and agauet my and all claims, losses, damages, charges or estimates. whether direct or indirect and whether to persons or property to which the Purchaser may M put or subject by reason of my act action, region, omission or default on the pm of the Seller, my of his contractors, or my of the Sellers or commuters officers, agents or employes. In case my suit or other proceedings shall be brought against me Purchaser, or its officers, agents or employees at my time on account of by reason of my act, action, neglect, omission or default of the Seller of my of his contrecwrs or my of its or their officers, agents or employees as aforesaid, she Seller hereby agrees to assume the defense thereof and w defend Ne come at the Sellers own expense, to pay any and ill cams, charges, ..,a fees and other expenses, my and all judgments that may M incurred by or obtained against she Purchaser or my of its or their officers, agents or employees in such arts or other proceedings, and in case judgment or other dim M plum upon or obtained against be propme of the Purchase, or said p rmes 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 instill all guard necessary for the prevention of accidene, comply with all laws and regulations wish regard to safety including, but without limitation, me Occupational Safely and Health Act of 1970 and all fides and regulations imued pursuant thersto Revised 0712014