HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9140747City of
F\rt Collins
Date: 01/31/2014
Vendor: 282740
SPORT & FITNESS INC
1409 PIKES PEAK AVE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9140747 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/31/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Senior Center Expansion
Supply and deliver the fitness
EQUIPMENT PER PROPOSAL 7582.
PLEASE COORDINATE DELIVERY AND INSTALL
WITH BRIAN HERGOTT AT 970-221-6804.
EQUIPMENT MUST BE DELIVERED
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
I LOT LS
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 FortCollins is exempt than state ad local tours. Our Exemption Number is
98-04502. Fal l Excise Tox Exemption Certificate of Registry EF(a)(0589 is registered with the Collector of
Internal Revenue, Denver, Colorado (Rat Colorado Revised Stabta 1923, Chapter 39-26, 114 (a).
Goads Rejected GOODS REIECfED due f failure to meet specifications, either wham shipped or due to detects of
damage in havi, may be commel b you for credit and sure not as be replaced except upon receipt of carman
instructions from doe City officer Collins.
Inspection. GOODS an subject to the City of Fort Crivns'..sfaatioa on urinl.
Final Acceptance. Receipt of the merchandise, services or equipment in respame in this Omer an result in
mohmved payment on the pan of the City of Fort Collins. However, it is as be understood that FINAL
ACCEPTANCE it dependent upon completion ofall applicable required inspection procdum.
Freight Term. Shipments most be F.O.B., City of Fort Collins, 000 Wood St, Fort Collins, CO 90522, unless
otherwim specified on this order. lflu mission is given to prepay freight and charge separately, the original f iglu
bill man accompany, invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to desfntim. and cxcm freight will be deducted from Invoice when
shipments are made frcm greater distance.
Permits. Seller shall proare at sellers ends cost all necessary permits, certificates and licames required by all
applicable Iaws, regulations, ordinances and rules 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 agraa to hold the City of Fort Collins harmless from and agairst all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirconents.
Authorization. All parties to fir contract agree that the representatives are, in fact, bona Ede and posam full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly lbmts acceptance to the term and conditions staid
herein set from and any supplementary or additional terns and conditions rmexed herb or imvryomtcd herein by
referenm. Any additional or different term and conditions proposed by either are objected b arm hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou resent make complete shipment to arrive on year
promised delivery data as noted. Time is ofthe mcae. Delivery and performance mast be eft red within the time
stated an the purchase Omer and the des men a attached hereto. No acts of the Pu ilmom including, withnet
limitation, acceptance ofi artial late deliveda, shall operate a a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal ad equitable remedies, the option of placing this Omer elsewhere
.it holding the Seller liable for damages. Hasveveq the Seller shall not be liable for damega as a fault of delays
due to mass not reasonably faraeaable which an beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts ofeivil or military authorities, govemmenlal priorities, fires, strikes, flood, epidemics, wan or
rim 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 of any such delay, the date of delivery shall be
extended for the period equal in the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants thin all panels, articles, materials and walk covered by this omcr will conform with appliable
drawings, specifications, mmplee and/or other descriptions given, will be fit for the purposes intended, and
peRamm with the highest degree of care and competence in accordance with accepted standards for work of a
similar nation. The Seller agrees to hold the purchaser barmlues from any lass, damage or expense which the
Purcheser may suffer or incur on accouar ofthe Sellers breach ofwamety. Tim Seller shell replace, repair m make
Fund, without cast to the purchasers any defects or faults mixing within one (1) year or within such longer period of
time as may be pmcribed by law or by the fans of any applicable warranty provided by the Seller aver the data of
acceptance of the goads fvmishd hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
m defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute is waiver of my claim uncle, this warranty. Except as otherwise provided in dais purchase omca the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties
or guanntms, but such liability shall in no event income loss ofpmfie or loss ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Parchuer may make changes b legal term by written claw, maker.
5. CHANGES IN COMMERCIAL TERMS.
The Pumhuser may make any changes to the arms, other than legal temp, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due nr the fide ofor,fame mn, herenndeq on equitable adjustment shall he mode.
6. TERIM NAT10NS.
The Purchaser may at any time by wrihen change Omer, terminate this ageement as to any or all portions of the
goads fen not shipped, subject to any equitable adjustment between the panics in to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goads and/or wark, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers imarlmd stock. No such termination sbnll Tel icve
the Purchaser or the Seller ofony affeir obligations me to any goods delivered hereunder.
7. CLAIMS FOR ADRISTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the cl onge or termination is
omemd.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fmished in strict
compliance with all applicable laws and regulations b which the goads are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All Incas end regulations required to be
ineorpo oted in agreements of this character arc hereby itimpore ed herein by this reference. The Seller agrees in
indemnify and hold the Pm hacr hvmlm from all casts and damegcs sullc,nl by the Purchase, as a mull of fc
Sellers failure to comply with such law.
9.ASSIGNMENT.
Neither party shall coign, wnsfer, or convey Nis order, or any monies due or to become due hereunder without the
prior written consent of the other perry.
10. TITLE.
The Seller wamate fall, clear and uncommitted title b the Pacbaser for all equipment, materials, and items Run(shm
in performatt of this agreement, Ens and clear of my and all liens, romismns, reservations, security interest
ancumborm. and claims ofothers.
11. NONWAINER.
Failure ofthe Purchaser on insist upon strict perfomnce of the tans and conditions hereof, failure or delay, f
exuartim any rights m remmia provided herein or by law, failure to pmmprly notify fe Seller in the event of a
breach the accemium mm payment for goods herennderor approval ofthe design, ahall not relmse the Sever of
any of the wee 6. or obligations of this purchasse order and shall nm be domed a waiver of any right of to
purchaser be insist upon strict parks. hereof or any, of its rights ar remedies a on any such goods, regamlm
of when rUppm. received or scraped, as as my prior or subsequent default hereunder, nor shall any properam
Oral modification or rarissim of fir pmchae order by der, Purchaser Weans a a waiver of any of the term
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in amal economle practice, overchaies resulting from mtiumt
violations we in fact home by the Purechal Theretofore. for gam cause and a consideration for extending this
puTh•.- Omer, the Seller hereby assigns to the Purchaser any and all claims it may now have me hereafler
acquired under federal or state antitrust laws for such overcharges relating b the particular goods or services
purchased or acquired by the PomM1aser pursuant to this purchase oder.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser chicle the Seller to correct nonconforming or defective pods by a date to be agreed upon by fc
Purchaser end the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may crane the work to he performed by the most expeditious means available to it, and the Seller shall pay all
casts ..claim with suet, work.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from the perfomance afsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees afsuch party.
The Sellers commtcal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work us Festooned or atrsad to be performed by the Purchaser.
14. PATENTS.
Whmave, the Seller is required In use any design, device, material or prmess covered by letteq patent trademark
r copyright, the Sever shall indemnify arm arm, harmlm the Purchaser from any and all claims for infringement
by reason of to use of such patented design, device, material or process in comment 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 fire during the prmecution or afro the completion of the wad, In eau said equipment, or
any part 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 same with substantially crud but
madnMnging equipment, or modify it see it bnoma nommmiging.
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 property or businm, this .,it,, may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftener am or the imeryretation ofthe agreement and the rights ofall panda hereunder shall be
rammed under and governed by the lavers of the State OfColarado, USA.
The following Additional Conditions apply only in cases where the Sever is to perform work hereunder,
including the services of Sellers Represenotive(s), on the premiss Orathen.
19. SELLERS RESPONSIBILITY.
The Seller shall cant' on said work at Sellers own risk until the same is fully completed am accepted, and shall,
n case of any accident, da orlon or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of We Parehom, Wien materials
and equipment art fiuvishd by others for installation or erection by the Seller, the Seller shall receive, nation,
store ad handle same at the site and become responsible therefor as though such materials andear equipment
were being (arras d by the Sever under the order.
I B. INSURANCE
The Seller shall, at his own expense, provide for the payment of workers compnsation, including accupatioval
disease benefits, to its employees employed on or in coomedon with the work ommom by this parchum order,
and/or to their dependents in acmrdance with %e Laws of the train in which the work is to ha done. The Seller
shall also arty comprehensive general liability including, but not limited to, mentnctual and amomobile public
liability insurance with l adily injury sod death limits of at least S300,000 for any One person, S5W Og0 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
connecors, if any, to provide for such compensation ad homm nce. Before any of the Sellers or his contmcbrs
employees shall do my work upon the premiss of ifeol the Seller shell fiunish the Purchaser with a certificate
that such compensation and imumnce have been provided. Such mAficato shall specify the data when such
compensation and insurance have been provided. Such terminal. shall specify the date when such compemathou
and insurance expires. The Seller agmer that such compensation and insurance, shall be, maintained unfit aver the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asmnes the emir responsibility and liability for any and all damage, toss or injury crony kind
or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct ar indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of my ace action, neglect, omission or default on the part of the Selleq any of his
commebn, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
procedings shall he brought against fc Purchaser, or its officers, agents or employees at any time on account or
by meson of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their ofer , agents or employees as afareaid, the Seller hereby agmea to murnc 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 out all judgments that may be incorrect by or obtained against the Purchaser or any of its or their officers,
agent or employees in such suits ce other proceedings, and in roan judgment or other lien he placed upon or
obtained against the property of the Purchaser, or said parties in or a a result ofsueh suits or other proceedings,
the Seller will in once cause the are to be dissolved red disclmrgd by giving bond or oherwise. The Seller and
his contractors shall take ill safety pracaufions, fumUh reset install all girds nmessary for the prevention of
midamt , comply with all Uses and regulations who regain b rarely incoming, but without ho moon, the
Ocoupatianal Safety suit Half Act of 1970 and all mla and reguUrions issued pursuant (crew.
Revised 03nOI0