HomeMy WebLinkAbout132379 ENCORE UNIFORM & APPAREL - PURCHASE ORDER - 9141896PO
PURCHASE ORDER 914189er Page
City of PURCHASE
896 1 of 2
F^r t Collins( n all invoices,
pacst king
V�1 � \.I 1 1�7 on all invoices, packing
�slips and labels.
Date: 04/04/2014
Vendor: 132379
ENCORE UNIFORM S APPAREL
1420 RIVERSIDE AVE SUITE 102
FORT COLLINS CO 80524
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 04/03/2014 Buyer: ED BONNETTE
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description tauantny UOM Unit Price Extended
Ordered Price
r BLANKET PO FOR 2014
Transfort Uniform Direct Purch
1 LOT LS
PER 7590 TRANSFORT UNIFORM DIRECT PURCHASE PROGRAM RFP 8 CONTRACT
AWARDED TO ENCORE UNIFORMS.
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
70,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchage Order Terms and Conditions
Page 2 of 2
1. COMMMRCIALDEfABS.
Tax exemptions. By stsNre the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
IL NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Pwcbaser W insist upon strict pertournme of the terms and condiduns hereof, failure or delay to
Internet Revenue, Denver, Colmodo (Ref Calomdo Revised Start. 1923, Chapter 39-26, 114 (a),
exercise any rights or temedias provided brain or by law, failure to promptly notify the Seller in the event of a
branch, the scceptan« ofor payment for goods hemmdtl or mpmval ofthe design, shall not=Iowa the Seller of
Goods Rejected- GOODS REJECTED due to failure to meet Wasificatiw, either when shipped or doe to defects of
my Of the wmmntian or obligations of this purchase order and shall not be demand a wail« of sexy right of the
damage in transit, may be remand to you for credit and are not to be replaced except upon receipt of written
pu=hoarto mist upon sbictpeffommce he.oforany *fits rights or rmedian. to my such goods, regardlew
maturations from the City of Fort Collins.
of whom shipped, rewound or accepted, as to my prior or subsequent default hereuder, nor shall my purported
mail mrdifiantion or rescission of the purchase order by the Purchaser operate as a waiver of my of the temu
Inspedon. GOODS are si to the City of Fart Collins inspection on arrival.
hereof.
Final Acce,down. Receipt of the merchandise, services at equipment in sexpmve to the order an remit in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autbooad payment on the part of the City of Fort Collins. However, it is to be uderstood that FINAL
Seller and the Purchaser =cogmse Nat in actual economic practice, overebargce reulting from mtitrust
ACCEPTANCE is depeadwt upon completion of all applicable required inspection procedureu
violations me in fact home by the Purchases. The=tofore, for good cause and as Consideration for uernal this
purchase Coder, the Sella hereby assigns m to Franchiser my and ail claims it may now have or hwwfter
Freight Tema:. Shipments must be F.O.B., City of Fort Collins, 200 Wod Ss., Fort Collins, CO 80522, nNeas
acquired under federal or state anlilmt lases for such .forges .]ad, to the ps riculer goods or services
otherwise specified on Ws order. If permission is given to prepay fright and charge separately, the origin) freight
purchased or acquired by Ne Purchaser palm rat to this purchase order.
bill most sccomnavv invoice. Additional chages for omkin¢ will not be accounted.
Shipment Do mce. Where mamfoomencm have distributing points in van. We of the Country, shipmevt is
expected fimrt the wrest distribution Point to doetimtivn, and excess freight will be deducted from Invoice when
shipments ism..do fiom greaser distant.
Permits. Seller shall procure at sellers sole Cost all mommry permits, cedifcams and licaues required by all
applicable I., oWulmom, mu nanm and roles of the stale, municipality, moion, ar polimal subdivision where
the work a performed, or required by any other duly emolument public authority havingjurisdiction over lie work
of vendor. Seller PoMcr, afire« to hold the City of Fort Collins amlesm from and against all liability and loss
incurred by ahem by realm of an wouded or established violation of my each haws, or tiro e, crdinames, alas
and rom mournow.
AUWomiuEoo. All parties to this common agree that the =prcsenwlivn ere, in fact, bona Ede and pnsscu full and
Complete authority to bind said predict.
LIMITATION OF TERMS. This Poorhouse Order eaprmly limits acceptance to the team and conditions stated
herein set forth and my supplementary or additional now; and conditions amexd hereto or incorporated herein by
tapeworm. A, additional or different team and c..d,fi. proposed by selleram subjected to and herby mj«md.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you woman make complete shipment to arrive an your
promised delivery date as noted. Time is of the aseerce. Delivery and Performance mat be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasm including, without
limited.., acceptance of pmiel late deliveries, shall operate as a woger of Nis pmvition. la the event ofany delay,
the Pmmhuer shall have, in addition In the, legal and equitable remedies, the option afpl.ti., this order clsewherc
and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a mull of delays
due to Cauus not memorably fora osele which are beyond its waxmNc control and without its fault ofnegligence,
such acts ofGod, not ofcivil or military authorities, governmental priontian, fires, strike, Hood, cpidemia, cam or
nab provided Nat notice of the conditions Causing such delay is given in the Purchaser within Eve (5) days of lie
fime when Nc Sella first weeivd Wmowldge thereof In the event of my such delay, the cite of delivery shall be
extended for the period equal to Ne fime mhuily last by reasoe of den delay.
3. WARRANTY.
The Seller warrants that all good, articles, ma[coets and work covered by this order will Conform with applicable
drawings, specifirmors, samples twiner other descriptions given, will be fit for rise Incipient intended. and
performed with the highest degree of use and competence in sec solace with accepted standard for work of a
similar whim. no Seller agree to hold the purchaser hermleas from my loss, damage or expense which the
Purchaser may suffer m incur on mcnunt of the Sellers breach of wmranty. The Seller mall replace, repair or make
good, without cent to the pmchaseq my defects or faults arising within one (1) year or within such longer period of
fime as may be pusmbed by law or by the terms ofany applicable wmrenty, provided by to Seller after the die of
acceptance of the goods famished bereunder (acceptance at to be unreasonably delayed), molting from imperfect
or defective work done or materiee famished by the Seller. Acceptance or we of goad by the Purchaser shall not
Consfimle a waiver of any claim under this warranty. Except as otherwise provided in this parches order, the gallons
liability hereunder shall extend to all damages proximately caused by the breach of any of to foregoing warranties
or guamm«s, but such liability shall in an event include loss ofpmfts or lose of me. NO IMPLIED WARRAWY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser may make changes to legal toms by written change order.
S. CHANGFS IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terns, other than legal toms, including additions to or deletions from
the gnan Ill. originally mdered in the spc6liontion; or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfommce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pomhmer may at any time by written change Color, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the padiu as to any work or intends then in
progress provided that the Purchaser shall not he liable far any claims for anticipated profit. an the uncamplod
portion of tho goods .&a, work, for incidental or consequential damages, and that no such adjmthtent be made in
favor mfNe Seller vith.,,art to any good which arc the Sellen tanderd stack. No such monastic. shut relieve
the Purchaser or she Seller afany oftheir obligations as to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days form the date the change or lamination is
o dered.
S. COMPLIANCE WITH LAW.
The Seller warrants Oat all good sold hereunder shall have been produced, sold, delivered and furnished in statet
ompli... c with all applicable Imes and =guladom to which the good ere subject. The Seller shall execute end
deliver such d«mnomts tl may be required to effect or evidence Compliance. All laws and regulations required to be
nempomted in Wg oomenw of this character arc hereby inempomted herein by this refam ns, no Seller alma to
indemnify and hold Ne Pumhmer harmless form ell crew and damages suffered by the Purchase, as a molt of the
Sell. failure to complywith such law.
9. ASSIGNMENT.
Neither party shall coign, transfer, or convey this order, or any movies due or to become due heuuader withmt the
prior written Consent ofthe other parry.
10. TITLE.
The Sellerwasrenw full, clesr and uruutricicd title to Ore Purchaser for all w oipmevi, matonae, aad it— Rurrishd
as performance of this agreement, Ean and clear of my sad all lima, mainiord, resamboes, security internal
en«mbtaa esandelvrmmfothers
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct mwrnf wniW or defective good by a date to be agreed upon by Ne
Purchaser end the Seller, and the Seller coming. indicates its inability or unwillictior. to mum, the PumM1mer
may Cause the work to be perfattnd by the most expeditious means available to it, and the Seller shall pay all
costs ens«tared with such woh.
The Seller shall crime the Purchases and its contractors of any tier film all liability and claims of my nature
resulting from the perfor axam of and woh.
This alma shall apply even in the event of fault of negligence of the party released and shall extend to thc
discounts, officeas and employees ofsuch party.
The Sellers mntmemal obligations, including warranty, shall not be demand to be reduced, in any way, because
such work is Performed or it to be performed by the P.hmtt.
14. PATENTS.
Whenever the Seller is required to me mydecign, device, mammal orprearexs Covered by letter, patent trademark
or Copyright the Seller shall indemoiy and save hernias the Purchaser from my and all claims for wEivgcment
by reason of the use of such patenmd design, device, mammal or Mo. lu comecfim with the mvlrad, and
shall indemnify No Purchaser for my ems, expense or damage which it may be obliged to pay by waun ofsuch
infnngemem at my time door, the pros«ulim or after she complete. of the work. In case said cquipmenq or
any pad thereof or the intended me of the goads, is in smh suit held 0 constitute infringement and thin use of
mid equipment or pad is enjoined, Ne Seller shall, at its own expense evil at its mption, either protons for to
Puschaser the not to wntwue suing said equipment or pans, replace the same with subawatially equal but
nomrafringing equipment, or modify it u it h«omcs noninfiinging.
IS. INSOLVENCY.
If the Seller shall become involve it or bankrupt, make an assignmcm for the benefit of coeditors, appoint a
mi or trustee for any of the Sellers property or business, Nis order may forthwith his Canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dcfinitims.[toms seed or Ne interpretation ofthe agmcmcnt and the rights ofail parries hermetic, shall be
comtmcd trader and governed! by Ne laws mfthe Sure afC.Imi do, USA.
The following Additional Conditions apply only in taus where the Seller ts to perform work hereunder,
including the services of Sellers Representative(s), on the promises ofmhem
10. SELLERS RESPONSIBILITY.
The Seller shall carry on said woh m Sellers own risk unit rise same is Polly completed ad accepted, and shall,
in u of my accident, destruction or injury to the work Collar materials before Sellers final Completion and
mecptmce, complete the work an Sellers own expense and m the satisfaction of the Purchaser. When materials
and equipment ism furnished by others for installation or traction by the Selleq the Seiler shall receive, unload,
store and handle same at the site and become responsible Reactor ses though such materials mNor equipment
were being famished by the Seller order Ne other.
I B. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefiw, to its employees employed on err in connection with me work covered by this purchase Cole,
and/or to their dependents in accordmce with the laws of the state in which the woh is to be done. no Seller
shall also Carty comprehensive general liability including, but not limited to, contractual and automobile 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 shall likewise require bis
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or he contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that sues...inpens. finan and insurance have been provided. Such certificates shall 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 ether the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCmEWS AND DAMAGES.
The Seller hereby assume the entire ona,mo bility and liability for any and all damage, lass or injury of any kind
or narrow whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this pumhau order or in correction herewith. The Seller will indemnity and hold hamltss the Purchaser ad any
r all of the Purchaser oliicros, agents and employees from and against any and all claims, losses, damages,
chm,tl m expenses, whether direct or indiacq and whether to pars.. or property to which the Purebme, may
be put or subject by reason of any not, action, neglect, omission or default on Ne part of the Sever, any of his
ontractors, or any of rise Sellers or contractors omens, agents 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 menial or
by mso. of any act, room, neglect, omission or default of the Seller of any of his cont.clan or any of its or
limit afii«rs, .gents or employs as aforesaid, the Seller herby agrees m assume the defame thereof aad to
defend the same at the Sellers own expense, to pay any and all casts, charges, momrys fees and other expenses,
my and all judgments that may be incomd by or obtained against the Pmcbaser or any of its or their.fficers,
silence or employe« in such sails or other proceedings, and in case judgment or other lien be placed upon Or
obtained against the property of the Purchaser, or said panic in or w a result ofsuch suits or other pmccdings,
the Sella will at once Canu the same to be dissolved and discharged by giving bond or otherwise. The Seller and
he contractors shall bake all safety pmentions, fimish and install of guards necessary for the prevention of
accidents, comply with all have and regulations with regard to safety including, but wishaut limitation, the
Occupational Safety and HwdN Act of 1920 and all roles and reguhmam issued posumt the.th.
Revised 03I2010