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HomeMy WebLinkAbout141200 DALE W SMIGELSKY - PURCHASE ORDER - 9112515City of //`vF6rt Collins PURCHASE ORDER PO Number Page 9112515 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 05/03/2011 Vendor: 141200 Ship To: COLLINDALE GOLF COURSE DALE W SMIGELSKY CITY OF FORT COLLINS COLLINDALE GOLF COURSE 1441 E HORSETOOTH RD 1441 E HORSETOOTH RD FORT COLLINS Colorado 80526 FORT COLLINS Colorado 80525 Delivery Date: 05/03/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Smigelsky Credit Card 1 LOT LS 5,750.92 Reimbursement for 4/23/11 Credit card reimbursement request for Collindale Golf pro Dale Smigelsky per memo dated 4/23/11. Total $5,750.92 (�,...o C3. OYI.�� �— City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 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 Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 54-60WS87 is registered with the Cnllector of Failure of the Purchaser to insist upon strict performance of the terns 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 notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the watmmics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be Trimmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hertofor any of its rights or remedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hemander, nor shall any prepared real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tears Inspection. GOODS arc 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. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitntst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bnme by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.P., City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquired tender federal or state antitntst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemmtssion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursnnnt to this purchase order. , bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point% in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming Or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller IhcrcaOcr indicates its inability or unwillingnes%to comply, the Purchaser shipments arc made from greater distance. may cause the work to he perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ardinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cnnstitutcd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins homeless Form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, roles and requirements. Andecriz Lion. All ponies 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different mum, nad conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order sad the documents attached hereto. No acts of the Pa¢hasers, including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaur shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsawherc 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 arc beyond its reasonable control and without its fault ofnegligenee. such acts of God, aces ofcivil or military authorities governmental priorities, fires, strikes, flood. epidemics, wars or riot provided that notice of the 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 crony such delay, the date of elclivery shall be extended for the period equal to the time actually IMt by reason ofthc delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be for for the purposes intended. and performed with the highest degree of care and competence in accordance with accepted standard for week of a similar nature. The Seller agree, to hold the purchaser harmless form any loss, damage or expense ,which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make grad, 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 terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hacunder (acceptance not to be mucasanably delayed), resulting fmm imperfcct or defective work done or materials furnished by the Seller. Acceptance or use of grad by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise Provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wlonere ie, 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 teress by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or .written change order. If any loch change affects the amount due or the time ofperformmence hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrcm provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grad which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have bcen Produced, sold, delivered and famished in strict 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 laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hermlcss from all ment and damages suffacel by the Purchascr as a resolt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthc other party. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, materials, and itenms furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier fmm all liability and claims of any nature resulting front the performance 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. oRceex and employces ofsuch party. The SellCr's contractual obligations, including warranty, shall not be deemed to he reduced- in any way. hccausc such work is performed or caused to be Perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright. the Seller shall indemmify and save hamJcss the Purchaser from any and all claims for infringement by reason of the else of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended else rf the goods, is in such suit held to constitute infringement and the use of nid 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 said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Porehascr without liability. 16. GOVERNING LAW. The definitions ofler m, mud or the interpretation ofthc agreement and the rights ofall panics Immundcrshall be constmed under and governed by the laws of the State of Colorado. USA. The following Additional Condition, apply only in cases where the Seller is to fece-fomm work hereunder. including the services of Sellers Rcprx,vmatoc(s), na the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry me said .work at Seller's men risk until the same is fully completed and accepted, and shall, in case of any accident. dcstmetion or iniury to the work and/or materials before Scllcrs final completion and acceptance, complete the work m Scllcrs own expense and to the satisfaction ofthe Purchnser. 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 the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease henefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Incas of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurnnec with bevlily iniury and death limn, rural Icast S300,000 to' any one r+crson. S500.000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Heinle any of the Sellers or his contractors employees shall do any work upon the relmse, ofothers, the Seller shall furnish the Purchascr with a cenificmc that such compensation and insurance have been provided. Such certificates shall specify the True when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The SCller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assames the entire resPonsibility and liability for any and all damage. loss or iniury ofany kind or nature whatsoever In persons or progeny caused by or resulting former the execution of the work provided for in this purchase order or in connection here" ith. The Set lee will indcmni fy and hold harmless the Purchascr and any or all of the Purchasers officers, agents and employees former and against any and all claim,, losses, damages. charges or expenses, whether direct 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 the pan of the Sclier, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any lime me account or by reason of any act. action. neglect. omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRecs, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchascr, or said panics in or as a result ofsuch 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 install all guards necessary for the prevention of accident, comply with all Imes and regulations with regard to safety including, bat without limitation. the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Raised 03/2010