Loading...
HomeMy WebLinkAbout157778 SCOTCHIES CLEANERS - PURCHASE ORDER - 9150529Fort Collins Date: 01/22/2015 Vendor: 157778 SCOTCHIES CLEANERS 1827 E MULBERRY FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150529 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/22/2015 Buyer: WILSON, JILL 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. PER 7400 GREEN UNIFORM CLEANING SERVICES AWARD TO SCOTCHIES CLEANERS. Line Description Quantity UOM Unit Price Extended Ordered Price 1 BLANKET PO FOR 2015 DRY CLEANING SERVICES 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 18,000.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local comes. Our Exemption Number is I L NONWANER. 98-04502, Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with be Collector of Failure of the Purchaser W insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly many the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release Me Seller of Goods Rejected, GOODS REJECTED due to failure meet specifications, either when shipped or doe 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 Mason, may bet returned to you for credit and arc not to be replaced except upon receipt of wrinrn Purchaser to insist upon strict performance hereofe, any of its rights or remedies as to my such goods, regardless instructions from the City filbert Collins. of when shipped, received or accepted, o to any prior or subsequent default hereunder, nor shall any observed ore[ modification or rescission of this purchase order by Me Purchaser operom as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorined payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser moupien that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, far good cause and as consideration for executing His purchase order, be Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 200 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if petmission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pursuant m this purchase order. bill must accomoanv invoice. Additional chances for packinc will not be accepted. Shipment Distance. Where manufacturers have Marjoram, points Vs. venous pans of the co marry, shipment is expected from the dearest distribution point m destiontion, and excess height will be deducted from Invoice when shipments are made from greater bslance, Femora. Seller shall procure at sellers sole wet all necessary vorem, certificates and licd¢es required by all applicable laws, regulations, ordinances and rates of the stale, municipality, territory or political subdivision where the work is perfunned, of required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from unit against all liability and loos and worried by them by reason of an asserted or established violation of any such laws, negramens, ordinances, miss d requirements. Anthomocmn. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the is. and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different mrme and conditions proposed by seller are objected an and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as acted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of Me Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver or this provision. In the event of my delay, the Purchaser shall have, is addition to other legal and equitable mmWiea the option of placing this .,do,e ewhetu 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 reassemble control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, tires, strikes, Goad, epidemics, wars or riots provided that notice ofthe wndniou, causing such delay is given to the Pbehaser within five (5) days of the time when the Seller but received knowledge thereof, In Me event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of Me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conPom with applicable drawings, specifications, samples and/or other descriptions given, will be fit for Me purposes i.ended, and performed with Me 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 Me Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, mile it or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Period of time as may be prescribed by law or by the temts of my applicable waranty provided by the Seller after Me date of acceptance of Me goods fumished hereunder (acceptance no,to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller Acceptance or use of goods by be Purchaser shall not constitute a waiver of any claim under this warranty. Except a5 oberumse provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits m 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 Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the Minorities originally ordered In die specifications or drawings, by vaNal or wniten change order_ If any such change affects the amount due or the time ofpedrmtmee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by written change order, terminate this agreement w to any or all portions of Me goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials ben in progress provided that Me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and Mat no such adjustment be made in favor of be Seller with notified to any goods which me the Sellers standard stock. No such termination shall relieve the Purchaser or be Seller ofany of Mcir obligations m to on, goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be acrened within thirty (30) days from the date the change or automation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance vole all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such docurneos m may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character me hereby Incorporated herein by Ws reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages offloo t by the Purchaser as a result a be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, of convey this order, or any monies due or to become due hereunder without the prior con mar convent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fomishN in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If hie Purchaser directs the Seller to correct nonconforming or defective goods by a done to be 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 most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser it it, contractors of any in, from s11 liol lit, and claims of any nature exalting from the performance of such work. This release shall apply even in Me event of fault of negligence of the parry released and shall extend to Me directors, officers and employees of arch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pe bourell or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless hie Pumbever from any and all claims for impingement by reason of the use of such patented design, device, material or process in connection with Me contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by motion of such infringement at any time during the prosecution or after the completion of the work. In cam said equipment, or any Pan thereof or the intended use of the goods, is in such suit held in reasoning infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procttre for Me Purchaser the right to continue using said equipment or pots, replace the same with substantially equal but nordnfdnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bamkmpt make an assignment for the benefit of creditors, appoint a usecbrier or trustee for any of Me Sellers property or business, this order may forthwith be canceled by be Purchaser wifhout liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be omtmed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in where Me Seller is to perform work hereunder, including the servicesf oSellers Reprcmnmtive(s), on becases premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk ..fit the same is Polly completed and accepted, and shall, I. se of any accident, destruction or injury m Me work ardor mammals before Sellers fiml completion and acceptance, complete the work at Sellers own expense and to Me satisfaction of the Pumhwvrc When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at Me site and become responsible therefor as though such materials and/or equipment were being fumished by be Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Me work favored by this purchase order, and/or to their depeodents in accordance with the laws of the state in which Me work is to he done. The Seller shot[ also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $3W,WU for any one person, $500,000 for any one accident and properly damage limit per accident of 5400,000. The Seller shall likewise require his if any, to provde for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon Me premises of others, be Seller shall famish the Purchaser wit a c ourieste that such compensation and insurance have been provided, Such isuffieams shall specify Me date when such compensation and insurance 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 maintained until after Me entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever M persons or property caused by or resulting Imo the execution of the wort provided for in this purchase order or in connection herewith. The Seller will indemnify and hold barmless the Purchaser and any cr all of Me Pumhaeofficers, agents and employees from and against any and all claims, losses, damages, rs harges or expenses, whether direr or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on be pan of Me Seller, any of his contractors, or my of Me Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at my time on account or by reason of any act, action, indem, omission or default of Me Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid Me Sella hereby agrees in assume the de&ese thereof and to defend Me same at Me Sellers own expense, to pay my and all costs, charges, attorneys f s and other expenses, any and all judgments that may be, incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against Me property of the Purchase, or said parties in or w a result of such suds or other proceedings, Me Seller will at once cause be 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 guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Drab Act of 1920 and all rules and regulations issued pursuant Mature. Revised 07/2014