HomeMy WebLinkAbout534718 LION APPAREL INC - PURCHASE ORDER - 9142377City of
�,.F`or-t Collins
Date: 04/30/2014
Vendor: 534718
LION APPAREL INC
7200 POE AVE, SUITE #400
DAYTON OH 45414
PURCHASE ORDER
PO Number Page
9142377 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAINING FACILITY
POUDRE FIRE AUTHORITY
3400 WEST VINE
FORT COLLINS CO 80521
Delivery Date: 04/29/2014 Buyer: WILSON, JILL
Note: Please refer to 7566 Poudre Fire Authority uniform Agreement signed 4/29/2014.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 PFA Uniforms
RFP Award
)air �114
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.wrn
1 LOT LS
Total
Invoice Address:
57,180.00
180.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Condjfions Page 2 of 2
1. COMMERCU L DETAI S.
Tex exempfiam. By statute the City of Fort Collins is exempt from state and local Ina. Our Exemption Numbrr, is
11. NONWAIVER.
98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure ofthe Pumhescr to mat upon strict perfomme, of the term and mvditiom hereof, failure or delay to
Interval Revenue, Damon, Colorado (Ref. Colorado Revised Stamm 1923, Chapter 39-26, 114 (a).
exemme my rights or messes provided harm or by law, failure to promptly notify the Seller in the ovent of a
breacM1, the nowhere a far payment for goods harroder or approval offe design, shall not alone the Sella of
Goads Related. GOODS REJECTED due to failure to meet sp.ificefiom, either when shipped or due m defects of
any of the wmmatiu or obligations of this purchase order and shall not be deemad a waiver of my right of the
damage or transit; may be ar mad m you for credit and are not to he replaced except we. receipt of wrincn
Purchaserto insist upon strict 1"Armame berofa any -fire rights or semaEu as m any such goads, regardless
iasmcfiom from the City of Fort Collins.
of whan shipped, received or sawA d, n 0 my prior or subsequent default bounder, nor shall my purported
oral modi6cathm or rescission of this purchase order by she purchases waste as a wavor of my ofthe mats
Inspection GOODS are aligner to the City of Fort Collins inspection on arrival,
ber mf
Final Acceptance. Receipt of the mcrchandix, service or equipment in response so fie order not recut be
12. ASSIGNMENT OF ANTITRUST CLAIMS.
surmised payment on the pan of the City of Pon Collins. However, it u to be understood fat FINAL
Seller and the Pumhaser recognize that in actual economic pmtice, overcharges resulting from antitrust
ACCEPTANCE is depo dant upon completion of all applicable required impaction procedures,
violmom are in fact boom by 6e Purchaser. Theretofore, for good muse and as comidcm m for uecM.g Us
pumhax order, the Sella hereby assign m the Purchaser my and all claim it may vow have or hernRer
Freight Team. Shiprom n must be F.O.B., City of Fort Collins, 20) Wood SL, Fort Collins, CO 90522, udoss
acquired under fedmral or state antitrust laws fm such overrhages relefrg to the particular goads or services
otherwise specified on this odes. If permission A given to prepay freight and charge separately the original fmght
purchased or saquired by the Pumhaver, purnunt m this purchase coda.
bill must ancompany invoice. Additional charges for p cldng will tut be mccptd
1 J.PURCHASERSPERFORMANCE OFaSELLERSOBLIGATIONS.
shipment is
hadoud.
Shipment Distance. Whertmenurim 111 the offs couum
on byPunch the
Ifthrounc
bygness
Sell thedthermlaffietmvronfnrmwgar defectiveOr
Inv
point m datineEm, and urns (night will be deducted from Invoice when
expected from the aesress dmb l or,and am.frigvarht
ngoods
M complete
serandere
ognw complythePurchaser
and Seller, zed me Sellay its, mobility unwillingness
n dicta
aM1ipmcvta are made from greater dutavca
my rese i
v noble d
w he nnad by the mat expedifiom memo available m i, and the Sella shall pay all
may ease to work, Us maInspa rt
a
costs ass.ciates with such work.
Permits. Sella mall seller agile cent ail permits, certifrnn zed liccma by all
and mlu of the sum, municipality, tertiary or Political divishd
rows, regulations, red c note,
ore cored th wha�
The Seller shall release the and its contractors of my tin from all liability end claim of any nature
ion ow
the want i performed, jurisdiction over work
worker performed,Or required bymyother duty romtioled publicauforiry
by
pmA = ofaser
resulting from the p nnma ofsucM1 wok.
an
from sad against all liability and toss
vendor. Seller father agrees m bold de City Fort Collins homeless n andajiew
of gee
y s
by men by reason of en axsad or established violation of any such laws, reguations, oMimmcn, cola
incurred li
in
This release shall apply even es the event of fault of cagligmce of the parry relmsad and aM1oll umd m the
and rtquimnents.
ox,
direcurs, officers and employees ofsuch party.
Audorbafioo. All parties to this contract agree that the representatives art, in fact, bom fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated
herein set forth and my supplementary or additional Mom and conditions mounted hereto or incorpmod herein by
reference. Any additional or different term and conditions proposal by seller me objected to and hereby rejector.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of Dee essence. Delivery and perform aw must be effected within the time
stated on me purchase order end me documents machad hereto. No acts of the Purchasers including, without
Urination, acceptance ofpartial late deliveries, shall operate on a waiver of Lis provision- In fe event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to ..or cot mmnably fafesceeble which me beyond its reasonable control and without its fault ofnegligence,
each acre of God, acts ofcivil or military amhadtion, govemmenml pdoddes, fires, msilres, Bond, mpidcmin, wars or
fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of de
fine whan the Sella first received knowledge fereaf. In the event of any such delay, the date of delivery shall be
extended for the period equal to the rime nmally last by.... fthe delay.
3. WARRANTY.
The Sella wants that all goads, articles, mmrriam and work covered by this mder will canfomt with applicable
drawings, spscifinflons, samples and/or 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 waste of a
similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the
Purohner may suffer or incur on account of the Sellers breath ofwmenty. The Seller shell replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
fine as maybe prescribed by law m by the team ofany applicable warranty provided by the Sella after the date of
acceptance ofde goods f 'shad haemder, Accept. not to be umeannably delayed), mulling from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
omtimm a waiver army claim under this wertanry. Except a otherwise provided in cis purchase order, the Sellers
liability hereunder shall extend to all damage praximately caused by the breach of my of to foregoing warranties
or guarantees, but such liability shaft in no event include ton ofprofits or less of me NO IMPLIED WARRANTY
OR MERCF3ANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mars by wrinen change order.
5. CHANGES IN COWERCIAL TERMS.
The Purchna may make my changes to the tomes, offer than legal term, including addifiam to or ddctiom from
the gmmida originally ordered in the specifications err dmwinga, by verbal or wrm. change oN¢ If any such
charge affirm the amount due or the time ofperfonnantt hereunder, an equitable adjustment shall be made.
6. TERhONATIONS.
The Purchases may at any time by wrinen change Oder, kmtim a Us agreement as to any or all portion of the
good then not shipped, subject o any equitable adjustment between the ponies as to my wok or maleriah then in
progress provided that the Purchaxo shall tent be liable for any claims far mti,i,,.d pmfm On the uemmpleted
,mom fthe goods and/or work, for incidental or consequential d rn ce. end dos vo such adjustment be made in
flavor ofthe Seller with respect o any good which art tf a Sella mandrd meek No such nomination shill relieve
the pambasa or the Seller army.(their obligaioas a to any good delivered hcrounder.
2. CLAIMS FOR ADJUSTMENT.
Any claim fm adjnnnent mat be asscoed within dirty (30) days from the date the change or mmdnatlon A
ordered
S. COWLIANCE WITH LAW.
The Sella warrants rest all good sold bemnder shall have been prodaceq sold, delivered and fumishW in strict
compliance with all applicable laws and regulafiens to which the goods me subject. The Seller shall execute and
driver such documenm. may be raryired to e@ct m evidence compliance. All laws sad reguIMma sequined to be
incorporated m agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cents ad damages suffered by the Purchura as a It of the
Sella failase m comply with web law.
9. ASSIGNbfENT.
Neither party shill assign, hernia, or convey this order, or my armies due Or to become due homed" without the
prior written come d ofd, other party.
10. TITLE.
The Seller warranta PoI1, clear and aorat icmd title to the Purchaser for all equipment, materials, and hems fumuhad
in performance of this agreement, fee and clear of any and all lieu, raMctio s, mervatims, security interest
mcuinbmces and claims ofathen.
The Seller's covmctml obligations, including warranty, shell vat be deemed to be reduced, in my way, because
such wok is porlmonal or ceasad to be parliament by the Purchaser.
14. PATENTS.
Whenever the Seller is raluird to are my design, device, material or prccw covered by letter, paten, M1ademark
r copyright, the Sella shall indemnify aced rave hamaless the Pmchna from my and all claims far infringement
by reason of the use of such patented design, device, arterial or process in connection wins the contract, and
shall indemnity the Purchaser for my ens, expense or damage which it may be obliged to pay by reason of such
iufngement at any fine during the prosaufion or after the completion of the work. In case said aTuipmen, or
any pan thereof or me intended use of the goads, is in such suit held to constitute infringement and the we of
said equipment or part is cnjomal, the Seller shall, at in own expense and at in option, eider prmurt for the
Purchaser to right to continue using said equipment or pare, replace the same with substantially equal but
noninfringing equipment, ormadify it so it becomes aminfn'nging.
15. INSOLVENCY.
If the Scllcr shall become insolvent or bavlwpq make an assignment for the benefit of creditor, appoint a
receiver or tmstoe for any of the Sellers property or business, this order may forthwith be canceled by the
Puschner widaut liability.
16. GOVERNING LAW.
The definitions oftemm used or the interpretation ofde agreement and the rights of all parties hereunder shall be
omtmnd under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Reprtxmmive(a), on the promises ofothem
12. SELLERS RESPONSIBILITY.
The Seller shall tarty, on said work st Seller's own tick until fe none is Polly completed and accepted, end shall,
n case of any saiden, destruction or injury to the work endear materials before Seller's final completion and
cccpmw. complete the work at Seller's own express and to the sads4e6on of the Purchaser. Men materials
and rquipmant me 6unuhes by other for installation or crrefim by de Sell., to Seller shall receive, unload,
store and handle same at the site and became responsible therefor as thaugb such materials andror equipment
weir We, fumlshes by the Sella under the order.
18.INSURANCE
The Seller shall, at his own expense, provide for the payment of worken compensation, including occupational
disease benefits, to its employees employed on or m connection with she work covered by this purchase order,
and/or m then dependants in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but tut limited to, commetual and automobile public
liability insurance wins barfly injury and dent limia of an Irem S300.000 for any one person, $500,000 fir my
one accident and propcny damage limit per mcidad of 5400,000. The Sella shall likewise require his
contractors, if my, to provide for such conwasumne and inuenme. Before any of the Sellers or his contractors
employees shall aim my work upon the premises ofodrors, the Seller shall fattish the Puncheon with a certificate
Net such compensation and instance have ban provided Such crrtrfam shall specify the date when such
compensation and insurance have ban provided. Such wo fesum shall spaity the date what such compematica
and insurance expire. The Sella agrees rat such compmaton and imureme shall be mainained unfit after de
end wok is completed and awtd
19. PROTECTION AGAINST ACCmENTS AND DAMAGES.
The Ssllahr.by assumes me entire repnnftliry and liability far any and all damage, lose a injury or., Nod
r nature whomever m persons or property comes by or restating from the exacutim offs work provhkA for in
Lis purchase order or in co mation hacwid. The Sella will indemnify, and hold harmless the Parchsxr aM my
or all of the Purchasers officers, agents and employes from and agaimt my and ell claims, lossn, dearages,
charges Or exposes, whether direst or indire t and whether to persons or property, m which the Purchases may
be put or subject by ream of my ac, action, casket omission or default an the pm of the Seiler, my of his
contractors, or my of the Sellers or...an..Keen, agents or employa. tv taro my suit or other
Proceedings shall be bmght agaimt the Purchna, or in oBicem, agents or employees at my time on account or
by Ounce of my act action, neglect, omission or default of tha Seller of my Of his contractors m any of its or
their offices, agents or employees a of nessid, the Sella herby agrees to assume the defense thereof and to
defend the none at the Seller awn expense, to pay any and all coats, charges, Moneys tees and other apcmes,
my and all judgments that may be incmrd by or obtained against the Pechora or my of in m their officers,
agents or employees in smh suits or other proceedings aced in case judgment or Other liar be placed upon or
.braised against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings,
fe Sella will at... came do seam to be dissolves and dachargad by giving bond or othewix. The Seller and
his cavtracm. shall take all safety caaa ors, famish and install all guards naessary for the prevention of
accidents, comply with all laws and regulations with regal to surety including, but without limitation, to
OccupationalSafry and Health Act of 1970 and all ales and ,balms issued pursuant ferelo.
Revised 03/n010