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HomeMy WebLinkAbout102747 JAX OUTDOOR GEAR - PURCHASE ORDER - 9120160PURCHASE ORDER PO Number Page City of 9120160 1 of 3 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/09/2012 Vendor: 102747 Ship To: FLEET SERVICES - MAIN SHOP JAX OUTDOOR GEAR CITY OF FORT COLLINS ATTN: ACCOUNTS RECEIVABLE 835 WOOD ST 1200 N COLLEGE AVE FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80524 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Jackets - Transfort 1 LOT LS 150.00 Fleet Blanket order to cover the cost of jackets (BLACK ONLY) for fiscal year 2012. The employee will bring in a voucher from the department. The business will have the employee sign the sales slip and print their name. All jackets to be ordered by City Shop/Facilities department personnel only. 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 and/or services. 2 Jackets - Wood Street 1 LOT LS 225.00 Fleet 3 Jackets - Streets 1 LOT LS 150.00 Fleet Rct`� Q. 0 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 PO Number Page CI�/ Of^ 9120160 2 of 3 Flirt Collins lins This number must appear -!"_`�J`' ` v ` J on all invoices, packing / slips and labels. Line Description Quantity UOM Ordered Unit Price Extended Price 4 Jackets - Techs 1 LOT LS 150.00 Facilities 5 Jackets - HVAC 1 LOT LS 225.00 Facilities 6 Steel Toed Shoes-Transfort 1 LOT LS 320.00 Fleet 7 Steel Toed Shoes -Wood St 1 LOT LS 320.00 fleet 8 Steel Toed Shoes-Techs 1 LOT LS 480.00 Facilities 9 Steel Toed Shoes-HVAC 1 LOT LS 480.00 Facilities Total $2,500.00 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. Hy statute the City of Fon Collins is exempt from state and local uses. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collenor of Failure of the Purchaser to insist upon strict performance ofthe 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 readies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not relcuse the Seller of Gods Rejected. GOODS REJECTED due to failure to neat specifications, either when shipped or due to defects of any of the is artamles or obligations of this purchase order and shall not be doemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wri"'a purchaser to insist upon strict pcnomance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hcmun ter. nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as it waiver of any of the terms I nspection. GOODS are subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANI'ITRUS'ICLAIMS. 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchaser. Therctoforc, 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 Teets. Shipments must be F.O.H., City of Fos Collins, 700 Wood St, Four Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular gods or services otherwise specified on this order. If permission is given to prepay freight and charge sepumtdy, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Pumhaxer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess (might will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work to be perfemed by the must expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and liecuses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory 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 to hold the City of Four Collins harmless from and against all liability and loss incumd by thcnm by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcmt and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by refercnee. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot male complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the tins stated on the purchase order and the documents attached hereto. No acts of the Pumhasers including, without limmintion, acceptance of panial lam deliveries, shall operate as a waiver of this provision, In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplcing this order elsewhere 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 reasonable control and without its Paull ofnegligoee, such act of God, acts fcivil or military uuthoritics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice ofthe condition causing such delay is given to the Purchaser within five (5) days ofthe tines when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, unicles, materials and work covered by this order will conform with applicable cravings, specifications, samples and/or other descriptions given, will be lit for the purples intended, and prf amud with the highest degree of cam .,,it 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 the Purchaser may suffer or incur on amount of the Sellers breach of w'ananty. The Seller shall replace, repair or make good, without cost to the purchaser, any defect or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the norms ofuny applicable warranty provided by the Seller after the date of acceptance of the goods fumishd hreuder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wumanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany 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 Pumlaser nay make changes to legal tcmt by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terns, including additions to or deletions front the quantities originally ordered of the specifications or drawings, by verbal or written change order. If any such change of lids the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order, terminate this agreement as to any or all Fusions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall non be liable for any claims for anticipated profit on the uncompleted punion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such teradnutiun shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any clout for adjustment must be inserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, I'he Seller warrants that all goods sold hereunder shall have barn produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such docancnt as may be required to edict or evidence compliance. All laws and regulations required to be incorporated in agrecmens of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless rrom all cost, and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this enter, or any monies due or to Icons due hereunder without the prior arisen consent of the other party. 10. TITLE. The Scllcr unnums full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofany nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, oiwrs ,,it employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deennd to be reduced, in any way, because 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 indenmify and save hamtles the Purchaser from any and all claims for infringement by reason of the use 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 mason 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 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, either procure for the Purchaser the right to continue using said equipment or pans, replace the name with substantially equal but noninGinging equipment, or modify it so it becomes nomaGinging. 15. INSOLVENCY, If the Seller shall bcconmc insolvent or bankrupt, make an assignment for the benefit or creditors, appoint a receiver or trustee for any of the Sellers property or business, this order only forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used m the interpretation ofthe agreement and the rights of ull panics hereunder shall be consisted under and governed by the laws ofthe State of Colomdo, USA. The following Additional Candidates apply only in cases whre the Seller is to perform work hereunder, including the services of Sellers Represenlmive(s), on the premises ofothm. 17. SELLERS RESPONSIBILITY. 'I he Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellees final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Setter, 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees cmpoyed on or in connection with the work covered by this purchase ordeq and/or to their dependents in accordance with the Imes of the sate in which the work is to be dune. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast $300,000 for any one person, $500,000 for 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. Before any of the Scllers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cenlficatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccr ideates 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. The Seller hereby assumes the entire responsibility and liability far any and all damage, loos or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hercwith.'I he Seller will indemnify and hold hurndess the Purchaser and any or all of the Purchasers ofices, agent and curpluyces from and against any and all claims, losses, damages, charges or expenses, whither direct or indirect, and whether to persons or property to which the Purchaer may be put or subject by reason of any act, action, neglect, omission or default on the pun of the Seller, any of his contractors, or any of the Sellers or contractors offices, agent or employees, In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his commdors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and o defend the same at the Sellers own expose, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incumd 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 the property of the Purchaser, or said parties in or as a result of such suit or other proceedings, the Seller will at once cause life tame o be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish 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 Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010