HomeMy WebLinkAbout282740 SPORT AND FITNESS INC - PURCHASE ORDER - 9957308Date: 12/8/2009
City o
F6rtc'ollins
Page Number: 1
Purchase Order Number: 9957308
Delivery Date: 12/7/2009 119 Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: PER QUOTE FROM KEN FORZLEY DATED 12/3/09, FOR PFA STATION #4 EQUIPMENT.
PLEASE SHIP TO ATTN: BOB PONCELOW; CONTACT #(970) 416-2860.
PLEASE DELIVER EQUIPMENT TO STATION #4.
Line Qty/Units Description Extended Price
1 1 LOT 12,165.00
workout equipment
Station 4
1 S 0AI-X-4
--F-
City of Fort Cqriniil Director of Purchasing and Risk Management
This order is n alid over $5000 unless signed by James B. O'Neill II, CPPO
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
Total $12,165.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt front state :tad local IBxeS. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000557 is registered With the Collector tit -
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1073. Chapter 39-20. 1 14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either When shipped ('r due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of Written
instructions it the City of Fort Collins.
Inspection. GOODS are subject m the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services of equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. However• it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., For Collins, CO 80522. unless
otherwise specified on this order. Ifpennission is given to prepay ficight and charge separately, the original freight bill
Elitist accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of due county, shipment is expected
front the nearest distribution point to destination, and excess freight will be deducted fiont Invoice When shipntrnts ar
nnade fi'or greater distance.
Pernnits. Seller shall procure at sellers sole cost ill necessity pennies. cerlificatcs and licenses required by all applicable
laws. regulations, ordinances and rules of the state. municipality. territory or political subdivision where the wok is
performed, m required by any other duly constituted public authority having jutisdiclion over the work of'vendon
Seller further agrees to hold the City of Fort Collins harmless frown and against all liability :uul loss incurred by alma by
I eason of an asserted or established violation of any such laws. regulations. ordinances, rules and Iequirentents.
Authorization. All parties to this contract agree that the representatives :arc•. in fact. Iona tide and possess lidl and
complete authority to bind said parties,
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns ❑nd concitions stated herein
set forth and any supplementary or additional terms and conditions annexed hereto or incotporated herein by reference.
Any additional of dinCient tents and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot stake complete shipment to arive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be ellected within the time
stated on the purchase order and the documents attached here[('. No aces ofthe Purchasers including, Without
limitation, acceptance of partial lite deliveries, shall operate as a waiver of this provision. In the event ofanydelay. the
Purchases shall have, in addition m 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 fix damages as a result of dcliys due to
causes not reasonably foreseeable Which are beyond its reasonable control and Without its fault of negligence. such acts
of God, acts of civil or military authorities, governmental priorities, fires. strikes. flood. epidemics. Was or riots
provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time
when the Seller first received knowledge thereof In the event of any such deliv, the date of delivery shall be extended
for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and Work covered by this order will confirm With applicable
drawings, specifications, samples ind/or other descriptions given. Will be fit far the purposes intended, and perforated
with the highest degree of care and competence in accordance with accepted standards fix work of a sinllat nature
The Seller agrees to hold the purchaser harmless from any loss, danage or expense which the Purchaser ntaysu(ier or
incur on account of the Sellers breach of watratty. The Seller shall replace, repair or make good, Without cost to the
purchaser, my defects or faults arising within one (1) year of within such longer period of time as nary be prescribed by
law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods
Ramished hereunder (acceptance not to be out delayed)• resulting lion intperlect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under this warranty. Except is 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 Purchascr may make changes to legal terms by written change order.
5 CHANGES IN COMMERCIAL TERMS.
The Purclutser may stake tiny changes to the terns, other than coal terns. including additions to or -deletions fionm the
quantities originally ordered in the specifications or drawings. by verbal or wvriuea change olden, If anv such ch:utge
affects the :amount clue of the time of performance hel eunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser nay at any time by written change order, terminate this agreement as to any or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the parties its to a y Work or materials then in progress
provided that the Purchaser shall not be liable for any cliins for anticipated prolils on the uncompleted portion of the
goods and/or work, I'or incidental or consequential damages, and that no such adjustment be made in F,rvot ofthe Scllcr
with respect to any goods which it the Sellers standard stock. No such termination shall relieve [he Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must beasserted Within thing (30) days from the date the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable Imes and regulations to which the goods are subject. The Seller shill execute and deliver
such documents as nmay be required to effect or evidence compliance. All laws and regulations required to be
incorporated in igreeme is of this character are hereby incorporated herein by this Iele ence. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages sin flexed by the Purchaser as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVIII of the Colorado Constitution ("Article XXV III" ), then the provisions of Section 15 ofAnicle XXV I II
are hereby incorporated into this [Agreement]. In such a case, if the lConlractorI orally other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or' Section 17(_) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source goverment contract, or
public employment with the state of Colorado or any of its political subdivisions, lit three years.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, of any monies due or to become (fine hereunder Without the
prior written consent of the other party.
10. TITLE.
The Seller Warrants fill, clear and unrestricted title to the Purchascr fix all equipment, materials, and items famished in
pertinatnce of this agreement, tree and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Prrchasci to insist upon strict perfortume of the tents anti conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach.
the acceptance of or payment fix goods hereunder or approval of the design, shall not release the Seller of any of the
warranties ('r obligations of this purchase older and shall not be deemed a Waiver of any right o f the purchaser to insist
upon strict perfiimtance hereof of any of its rights or remedies as to any such goods, regardless of when shipped,
received of accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchaser operate is a waiver ofany of the tents hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front intiomst violations ire
in fact home by the Purchaser. Theretofore, for good cause and as consideration tin' executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal of state
ant it laws for such overcharges relating to the particular goods oe services purchased m acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATION'S.
If the I'urchaser directs the Seller to correct nonconforming of defective goods by a date to be agreed upon by the
Purchaser anti tile Seller. and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may
cause lite work to he performed by the most expeditious means available to it. and the Seller shall pay all costs
❑ssocimed wvith such Work
'I lie Sel lce shall release the Purchaser and its contractors of any t ter f i out all liability and (liars Cf any nature resulting
frtnn the perlirmalce of such Work.
'I his release shall apply even in the event of fault of negligence of the pate released and shall extend to the directors,
olliccrs and employees of such party.
The Scllcn's contlactual 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. PATENT'S.
Whenever the Seller is required to use any' design, device, material or process covered by letter. pitent, trademark or
copyright, the Seller shall indenuhifj• and save harmless the Purrchiser four any and all claims for infiingementbyreason
of the use of such patented design, device. material or process in connection with the contact. and shall indemnify the
Purchaser lax any cost, expense of damage which it may be obliged to pay by reason of such infringement at anytime
during the prosecution of afior the completion of the work. In case said equipment• or tiny part thereof of the intended
use of the goods. is in such suit held to constitute infringement and the use ofsaid 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 siid
equipment or pats, replace the same with substantially equal but nun-infiinging equipment, or modify it so it beconmes
nun-infi inging.
15. INSOLVENCY.
If the Seller slmall become insolven or binkrupt. stake an issignnnent for the benelit ofereditois, appoint a receiver or
trustee lax any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without
liability.
lo. GOVERNING LAW.
The dclinitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be
COlnstraetl under and govenred by the It—s of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is- to perform work hereunder, including the
services of Sellet:s Repiesentativc(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cant' on said work at Seller's omen risk until the same is fully completed and accepted, and shall, incase
of any accident. destruction m' injury to the work and/or materials before Seller's final completion and acceptance,
complete the work it Seller's omen expense and to the sitisf error ofthe Vurchser. Wh— netuaials and equipment are
furnished by of hers fm ins[:dlat ion or erection by the Seller. the Seller shall receive, unload, store and handle same it
[hc site and lmeconae responsible thctelot as though such nttie'ials and/or equipment were being furnished by the Seller
nutlet the order.
I8. INSURANCE
I he seller shall, at his oo•n expense, provide for the payment of woi kers compensation, including occupational disease
benefits, um its employees employed on or in connection ww•ith the wmk 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 cant'
a>mprchc•nsire general liability including, but mac limited to, conu'acnal and aunnnobile public liability insurance with
bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any one accident and property
damage limit per accident of $400.000. The Seller sluill likewise require his conn-actors, if any, to provide for such
conlpensntion and insurance. Belt— any of the Sellers or his contractors employees shall do any work upon the
premises of olhers, Elie Seller shall ihrish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates shill specify the 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 the entire Work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
'file Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injuryof any kind or
nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this
purchase arde or in connection herewith. The Seller Will indemnify and hold hattnless the Purchaser and any oral] of
the Purchasers officers, agents and employees from and against any and all chins, losses, damages, charges or
expenses. Whether direct m indirect. ind Whether to persons or properly to which the Purchaser nhav Ile put or subject
by reason ofany act• action• neglect, omission or default on the pan of the Seller, nnyofhis contractors. or any ofthe
Sellers or conunctors officers. agents or employees. In rase anysuit of other proceedings shall bebrought against the
Purchaser. or its officers• igens or employees at any time on account or by reason of any act, fiction. neglect, omission
of delault of the Seller of my of his contractors or any of its or their olliccrs. agents or employees as aforesaid. the
Scllcr hereby agrees toassume the defense thereofand to defend the same at the Sellers Civil expense, to pay inyand
all costs, charges. attorneys Pecs and other expenses, ap• and illjudgmenis that may be ineunred by or obtained against
the Purchaser or ally of its or their officers, agents or employees in such suits m of her proceedings, and in case
judge neat or' other' lien be placed upon or obtained against the property of the Purchascr, or said pieties in or as a insult
ofsuch suits or of her proceedings, the Seller Will at once cause the same to be dissolved and discharged by giving bond
of otlie] wise. The Sel lei :ad his contractors shall take all safety precautions. fivaish and install all guards necessary for
the prevention of accidents. comply With all laws and regulations with regard to safety including, but without
lintita ion. the Occupaf inal Safety and Health Act of 1970 and all rules and Iegula ions issued pursuant thereto.
Revised 0411009