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HomeMy WebLinkAbout103914 FEDEX KINKO'S OFFICE AND PRINT CENTER - PURCHASE ORDER - 9150698PO PURCHASE ORDER 915069er Page C117f of PURCHASE 50698 ' of z Flirt Collins( his number must packing !-\V`I ` V �7 on all invoices, packing sli s and labels. Date: 01/30/2015 Vendor: 103914 FEDEX KINKO'S OFFICE AND PRINT CENTER DBA KINKO'S 130 W OLIVE ST FORT COLLINS CO 80524-2832 Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/29/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Printing Services This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods 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 5,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt food sum and Imam taxes. Our Exemption Number is I L NON WAIVER. 9"502. Federal Excise Tax Exemption Certifeme of Registry RI-60 K)58] is registered with the Collector of Failure of the Puccini to insist upon strict Performance of the aerns and conditions bertof, fail. an delay to Inmmol Revenue, Dame, Colorado (Bar Colorado Record Star dims 1973, Chapter 39-26. 114 (a). exercise any rights or remedies Provided herein or by law, failure a promptly notify the Sadler in the event of a breach, the acceptance ofor payment for good hereunder or approval muse design, stall not release the Seller of Good Rejected. GOODS REJECTED due to failure m and specifications, either when shipped or due to defects of any of the wanuntiu or obligations of this purchase order and shall net be deemed a waiver of any right of me damage in transit may be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon said permananex hereof or any of its rights orremediea as to any such .its, regardless instructions ft.. the Cry of Fog Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, or shall any purported al modification or rescission of this purchase order by the Purchaser operate as n waiver of troy of the terms Inspection. GOODS are subject to the City of pan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the uncommon, ervirds or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is an Ins M uermood thatFINAL nis practice, warchurgos resulting froantitrust Seller and the Purchaser recognize that in news] ec m ACCEPTANCE is dependant upon completion of al I applicable mrriml inspection prmeduces. violations am in fact home by the Purchaser. Theretafre,for good exam, and as consideration for executing this purchase order, the Seller hereby assigns ad the Purchaser very and all claims it may now have or hereafter Fai,h, Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fart Collins, CO 80522, unless acquired under federal or state antiagst laws for such overcharges relating to the particular goads ar services otherwise specified ern tfs odder. Upetmissmir is given to prep, freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchad order, bill must accompany invoice. Additional charges for pcking will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pints in various parts of the country, shipment is If the Purchaser directs the Seller at correct nonconforming or defective goods by a me to be agreed upon by the expected from the neared distribution point to destination, and cards ( ight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness 1. comply, he Purchase( shipments are made farm greater distance. may cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all casts associated with such work. remain. Seller shall procure at seller, .to cast all ere scary permits, ceniftcales and becomes required by all applicable Iowa, orplallons, ordinances wad ales of are slats mdwer,sllly, territory or po anal subdivision where the work is performed, or required by any other duly constituted public authority having jurisilidion over the work of vendor. Seller higher agrees to hold the City of Fort Collins hornless from and against all liability and loss incurrd by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Anticipation.. All pardio 0o this summer agree this, the eepresenalow, are, or fart bow fide red ne. fig and complete maturity, to road mid pries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and wrditimss sated begin set Both and any supplcmcamry m additional W. and conditions annexd hrreto or incorporaled Mein by rtfertnce. Any additional or different terms and conditions pmpos d by seller me obtained to and hereby rejared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou candor make complete shipment to arrive on your promised delivery date m anted Time is of lie essence. Delivery and performance must b, effected within the time staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial lot, deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equllable remedies, the option imploring this order elsewhere and holding the Seller liable for damages. I loemear, the Seller shall not be liable fur damages m a result of delays due to coax, no, reasonably fir esaable which are beyond its ce madmile conger and without its field of negligence, such acts of God, acts ofeivll or military nos rmition, goverm an it primhies, Ends, stakes, flood, epidemics, wars or Was provided that ..tire ofthe conditions causing such delay is given an the Program, within five (5) days of the time when are Seller first received knowledge theemf. In the event army such delay, the date of delivery shall be extended for the period equal to she time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all grad, micles. Winners and work covered by this odder will ambient with applicable drawings, specifications, sample amber other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a miler nature. The Seller Wrom to hold the parclwser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wagenty. The Seller shall replace, repair or make ,and, without cost 1. the purchaser, any defects in faults arising within one (I) year or within such longer pond of time as may be presumed by law or by the teams of any applicable warra ty provided by the Seller after 'he data of acceptance of the goads frrdhed hereunder (acceptance not to be unreasonably delayed), resulting from imprf t or defective work done or materials famished by the Seller. Acceptance or use of goad, by the Purchaser shall rot magnitude a waiver of any claim under this wanary. Except as otherwise prodded in this puechase, mum, the Sellers liability haddider shall mmad mall damages proximately caused by the breach of soy of arc foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of uxc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchase, may make changes to legal tams by written change We, S. CHANGES IN COMMERCIAL TERMS. no Purchaser may make any changes to the temp, other than legal terms, including additions to or deletions from the quantities originally ordered in the specific lions or drawings, by vorbal or written change order. If any such change affects the amount due or the time ofperf nonce hereunder, an equimble adjuatmm shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, termiate this agreemrd as to any or all portions of the good then not shipped, subjm to any equitable adjustment between the Ponies m to any work or materials then in progress provided that the Perchowe shall not be, liable for any claims for anticipated prefix on the uncompleted Region crate good and/or work, fro incidental or contaminated damages, and thal no such adjr rnow be made in favor of the Seller with respect to any goods which are the Sellers mwdadd stock. No such mrmiatien shall relieve the Purchaser or the Seller of any oftheir obligations as w any good delivered hereunder. i. CLAIMS FOR ADA)STMENT. Any claim for admormend must be assured within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold filarm dd shall have been produced, said, delivered and famished in said compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lows and regulations required to b, ncomorated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees an indemnify and hold the Purchazer hmdddx from all casts and damages suffered by the Purchaser as a result of the Sellers faifre to comply with such law. 9. ASSIGNMENT. Neither pry shall assign, transfcq or convey this order, or my monies due or to become due hereunder without the Poor wmtm condom ofthe other party. 10. TITLE. The Seller windows ows Bill, clear and umestric ad title in she Purchaser for all equipment materials, and items fished in performance of this agreement face ad clear of any and all liens, restrictions, reactivations, security interest encumbrances and claims of athers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of mgligcm of the body, released and shall extend to the directors, officers and employees ofsuch party. The Sallers recreation obligations, including cop anty, shall rot be domed to be reduced, in any way, because such work is performed or umsed w be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent Welcomed, copyngf, he Solid shall indemnify and save homeless the Purchaser farm any wed all claims for infringement by reamer of the use of such p tented design, device, material or process in connection with the conran, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringdocnt at any time during rite pmsmution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, richer procure for fie Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but commingling equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or badrmpt rake an assigmoenf for the benefit of doublers, appoint a docaded or cast« for very of the Sellers pmpod, or business, ads order may foMwirh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offerors used or she interymation of the agreement and the rights of all parties hereundet shall be c.nstmed under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller 6 to perform work hereunder, including the smices of Sellers Representatier s), oa the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own risk until the same is Silly completed and accepted, and shall, in d of any accident, destruction or injury to the work anbor materials before Sellers Final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Portland. When materials am cgnipmem tux f fished by carers for insu liaw. m arming by the Seller, the Seller shall carrier, coined sand, ad hawlk same at are site and became responsible therefor as though such materials and/or equipment were being fumishd by are Seller under the order. 18. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compensation, including occupational disease benefits, to Its employees employed an or in connection with the work comovd by this purchase order, amber to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall mad cant' comprehensive get ral liability including, but no, limited rot conrractdl and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S50m,000 for any ce accident and property damage limit pad accident of S400,000. The Seller shall likewise require his ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his c.atracmrs employees shall do any work upon the premises of miters, the Seller shall banish the Purchaser with a ordifiate that such compensation and Immance lave been provided. Such c ur ifirotex shall specify the date when such compensation and insurance have been provided Such eenifieatm shall specify dos date when such cons abromion ad continue expires. The Seller agrees that such compensation and insurance shall be maintained unlit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respornibiliry and liability for any and all damage, loss or injury army kind or dome whatsoever so persons or property caused by or resuling from the execution ofthe work provided for in this pmchad order or in comedian herewith. The Seller will indemnify and hold hamdas the Purchaser and any cg all of the Purchasers oRc cos, agents and employees from and against any nor all claims, losses, damages, harges or expenses, whether direct or indirect and whether to person or property to which the Purchased may be put or subject by reason of any act action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any area on account or by reason of any act, action, neglects omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as afremid, the Seller hereby agues to assume the defeae thereof and to defend the come at the Sellers owns expegac, to pay my and all costs, charges, anomays fees and other expenses, any and all judgments that may be indeaed by m obtained e,a. the Forehead or any of its err their offerers, agents or employees in such suits or office proceedings, and in use judgment or other lien bat placed upon or obtained against ate property ofthe Purchmn, or mid panics in m as a result of such suits or ocher pmuedings, the Solid will at wave cause the same to M dissolved and discharged by giving bond or otherwix. The Seller and his contranars shall take all safety precautions, furnish and install all guard necessary for the pmewm of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the Occuptioal Safety and Health Act of 1970 and all rules and regulations issued pursuant thereao. Revised 01R014