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HomeMy WebLinkAbout129790 THE FEET INC - PURCHASE ORDER - 9150562PO PURCHASE ORDER 915056er Page City of PURCHASE 97 50562 1 of z ' `t Collins ins This number must appear V " 1 on all invoices, packing sli s and labels. Date: 01/23/2015 Vendor: 129790 Ship To: PUBLIC LIBRARY (MAIN) THE FEET, INC 201 PETERSON ST 622 SHERRY DR, UNIT C FORT COLLINS CO 80524-2990 FORT COLLINS CO 80524 Delivery Date: 01/23/2015 Buyer: ED BONNETTE 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 Ordered UOM Unit Price Extended Price i 2015 BLK ORDER FOR 1 LOT LS 70,000.00 COURIER SERVICES PER CONTRACT AWARD RENEWAL TO THE FEET, INC FOR 7093 COURIER SERVICE - LIBRARY DISTRICT. PLEASE NOTE THAT CONTRACT HAS BEEN RENEWED THROUGH 6/30/2015; AND WILL BE RE -BID FOR THE PERIOD BEYOND THAT. 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:purchasingQ° fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local braes. Our Exemption Number is 11. NON WAIVER. 98-W 503. Federal Excise Tax Exemption Clarifiers, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Reeivd Nodules 1973, Chapter 39-26, 114 Fd) exercise any rights or remedies provided herein or by law, failure na promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not relense the Seller Of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and am tut to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardleas correction, to. Be City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any postponed oral modification or retaliation of this purchase order by the Purchxur operate as a waiver mildly of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. receipt of the merchandise, se or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collin However, it is to be understood that FINAL Seller and the Purchaser meant thm in acNal economic practice, overcharges reaching firemen antitrust ACCEPTANCE is dependent upon completion of all applicable dormant defactian procedures. violations. in fact bone by the Purchaser. Theretofore, for grad cause bred as consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser any aM all claims it may raw have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 900 Wood St., Fall Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating m the particular goods or services otherwise specified on this order. If pmmission is given to prepay freight and charge separamly, the original fight 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 Distance. Where manufacturer have distributing points in various parts of the country, shipment is If the punctual dime% the Seller to convert mnwnforming or defective goods by a date to be agreed upon by the expected from the removal distribution point m destination, and excess freight will be deducted from Invoice when Purchaser amd the Seller, and the Seller Nertafter indicates its liability Or unwillingness to comply, the Purchaser shipments are made fmm greeter dishntt. any cause the work an be performed by floe most expeditious means available to u, and the Seller shall Pay all calls associated with such work. Permits. Seller shall procure at sellers sole cost all necessary peaita, certificates and licenses required by all applicable laws, regulations, ordinarwea end rules of the shm, madowrylity, ass imry 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 m hold the City of Fan Collin harmless from and against all liability am loss manned by them by season of an assured or established violation of any such laws, regulation ordinances, rules and mryiremen v. Authoritarian. All ponies to this contract agree that the repreuntarives art, in fact, bow fide and pnvess full and complete amhoriry to bind mid parries. LIMITATION OF TERMS. This Puschnu Order expressly limits acceptance 10 the terns anal conditions shoal herein set forth and any supplementary or additional terms and cmMitions annexed hereto or incorporated herein by refnwtt. Any additional or different erms and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you combat make complete shipment to arrive on your promised delivery dare as noted. Time is of the calmer. Delivery and Pop omanw must be effected within the time stated on the purchase order and the documents attached bercto. No erns of the Purchasers included, without limihfon, acceptance Of partial Ime delivnies, shall Operate as as waiver ofthis provision. In the event Of my delay, the Pomhaser shall have, in addition on other legal and equitable remedies, the option of pd cing this order elsewhere and holding the Serer liable for damages. However. the Seller shall not be lights for damages as is resell of delays due to causes tut reawmbly foreseeable which art beyond its revsmable control arW without its fault of negligence, such acts of God, ass of civil or military, authorities, govemmenh) priorities, fires, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tins when the Seller first received knowledge thereof. In the event of ony such delay, the date of delivery shall be catenated] for the Poland equal to the time actmlly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, raids, materials and work covered by this order will conform with applicable drawings, specifications, samples artful atom descriptions given, will be fit for the purposes amended, and performed with the highest degree of care and competence in accordance with acttpted ma dads for work of a similar mount. The Seller agrees to hold the purchaser handless from my loss, damage or expense which the Fushaul may sufferer 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 (1) year or within such longer period of time as maybe prescribed by law or by the terms of my applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be commonality deleyrd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not wnsoimte a waiver of my claim under this warranty. 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 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 toms by women change order 5. CHANGES IN COMMERCIAL TERMS. Ile Purchaser may make any changes to the mines, other than legal main, including additions to or deletions full quantities originally ordered in the specifications or drawings, by verbal or written change older. 11' any such change offs cts the amount due or the time of perfaance hereunder, an equitable adjustment shall be nude. 6. TERMWATIONS. The Purchaser may at any time by written change order, terminate this agreearml as to any or all protons of the goods then not shipped, subject to any equitable adjustment between the pnnin 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 di cages, and that no such adjustment be Truce in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofmy of their Obligations as to my goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wzrmn6 that all goods sold hemunder shall have been produced, sold, delivered end furnished in shin compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documenh as may be required an effect or evidence compliance. All lax, and regulations required ro be incorporated in agreements of this character s , hereby immrponted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suRercd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this older, or my monies due or to become due hereunder without the prior venom moment Ofthe other Fury. 10. TITLE. The Seller wxdmls full, clear it umastricted title to the Purchaser for all equipment, materials, d ill. f ished in eadformarrice of this agreement, free teal situ of any and all Item. ratrinions, rnersutimu, uctviry interest menconnec and claims brothers. The Seller shall release the Purchaser and its comr4nrrs of any pier from all liability and claims of any nature reaulting Be. the paformance of such work This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oMo. eaA employees ofsuch party. The Sellers continental obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required all use any design, device, mtueriad or guess coved by letter, patent, vademark or copyright, the Seller shall indemnify and save harmless the Purchaser fares my and all claims for arrangement by reawa of the use ofsuch pahmed design, desire, nuterial or p. m wmedion with the comma, it shall indemnify the Purchaser for any cost, expense, or damage which it may be obliged to pay by reason ofsuch infringement at my rime during the prosecution or after the completion of the work. In case said entitlement, or my For thence( or the intended use of the goods, u in such suit held o wnstimte infringement and the use of said equipment or pan ¢ enjoined, the Seller shall, at its own expense and at its option, either procure far the purchaser the eight m continue using said equipment or parts, replace the same with se, imentolly egml bell noninMnging equipment, or modify it so it bmomvs noninfringing 15. INSOLVENCY. If the Seller shall become insolvent or baokmpL make an assignment for the benefit of creditors, appoint a reacivar or boater for my of the Sellers pmPeny Or bmbecon, this older may forthwith be canceled by the Puahaver without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be command under end govemed by the laws of the Scale ofColondo. USA. The following Additional Conditions apply only in caves where the Seller is m perform work hereunder, including the services arsellm Im neammrive(s), on the premises cleaners. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, to u of any accident, destruction or injury to file work and/or materials before Sellers Brat completion am acceptance, complete the work at Sellers own celibate and to the satisfaction of the Purchase, When materials and reticular are firmishnal by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being burnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compereatimry including occupational disease benefits, to its employees employed on or in connection with the work covered by this pumhau order, anchor an their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imumnee will, bodily injury and death limits of at least SJW,000 for any one pmnq $500.000 for ally one accident and property damage limit per accident of 5400,000. The Seller shall likewise contain, his bmomra, if any, to provide for such Compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance lave been provided. Such certificates shall specify the dare when such nmpenwtion and imbalance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maimhined cant after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. '(fie Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or mature whatsoever to persons or property roused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents All employees from and against any and all claims, losses, damages, charges or capital whether direct or indirect, and whether to persons or Pillsbury o which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the part of the Seller, my of his com icami, or any of the Sellers or contractors often, agents or employers. In case any suit or other proceedings shall be brought against the Purchosea, or its officers, ages¢ or employees at any time on recomt or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their oRcers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and or defend the same at the Sellers own expense, a pay my it all .,as charges, ettomrys low, -it other expenses, my and all judgments that may he incene f by or obtained against the Purchaser or my of its or thew officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or office proceeding, the Seller will at once cause the same la be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety pmcantime, famish aced ..It all gourd vccesaary for the prevention of accidents, comply wit 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 01rz014