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HomeMy WebLinkAbout441986 - PURCHASE ORDER - 9145372PO PURCHASE ORDER 914537er Page City, of PURCHASE 9145372 1 of z ' `t Collins Ins This number must appear ` v ` �7 on all invoices, packing sli s and labels. Date: 09/17/2014 Vendor: 441986 Ship To: PARK MAINTENANCE NORTHERN COLORADO SPORT OFFICIALS CITY OF FORT COLLINS 120 WHITNEY CT 413 S BRYAN WINDSOR CO 80550 FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 159 Game Fees 1 LOT LS 792.50 nv1943 & 1942 dated 9/1112014 z 159 Offical Fees 1 LOT LS 10,778.00 Inv1943 & 1942 dated 9/11/2014 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 Total Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By stems, the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector Of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 073, Chapter 39-26, 114 (a). Goods Rejentd. GOCDS REJECTED due to failure to meet specifications, aither when shipped or due to defects of damage in tmmit, may he resumed to you for small and arc not to be replaced except upon receipt of written on tmnians from the City of Fan Collins. Inspection. GOODS are subject to the City of Fan Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, smarts, or equipment in response to this order can result in ambromad payment oa the pan of the City of Pon Collins. Ilawuvcn it 6 to he understand thatFINAL ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. Freight Terms. Shipments must he F.O.B., City of pan Collins, 700 Wood St., pan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separs¢ly. the original freight bill most accompany income. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing paints in ammes pans of the country, shipment is expected firm Ne remain distribution point to destruction, and excess freight will be deductM fmm Ism aice when shipments err made from grater distance. Permits. Seller shall procure at sellers sole cost all nanow, pamits, anificatu and licenses ancient by all applicable laws, regulations, ordinances and mlcs of the smut, municipality, territory or political subdivision where the work is Performed, or required by any other duly constitured public authority haviogjmisdiction over me work Of vendor Sella funkier agrees to hold the City of For Collins hamless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, mordatiem, ordinances, miles and requirements. Authorivtion. All parties in this comma agree that me representative are, in fact, hem fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the reme, and conditions smrd herein set fond and any supplementary or additional It. and conditions omexd hereto a incorporated herein by reference. Any additional or different terms and conditions proposal by sells art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to.rive on your promised delivery date u noted. Time is of the essence. Delivery and performance run he a@red within the time stated on the purchase order and the documents ruched hereto. No ac¢ of the Purchmm including, without liandmion, acceptance of partial late del ivedo, shall operate u a waiver mthis provision. In the event Of any delay, due Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 art beyond its reasonable control and without its fault of negligence, such acts of God, ace ofcivil or military authorities, governmental priorities, Ores, strikes, nand, epidemics, wars or fiats provided that notice of the conditions causing such delay is given la the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the curd Of any such delay, the time of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. y. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, spaifirowns, samples and/or the, descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standooas for work of a similar nature. The Seller agrees m hold the purchaser harmless form any Iesa, damage or expense which the Purchaser may suffer or incur on account afthe Sellers breach of waWnry. The Seller shall replace, repair or make Wad, without cost to the purchaser, any defects or Faults prising within one (O year or within such longer period of time as may be prescribed by law or by the terms many applicable warranty provided by the Seller after the date of acceptance of the gaols famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not mnsaid, a waiver of any claim under this warranty. Except as otherwise provided in this purchase miler, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no evens include Ids of prof,,, or Ids of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Furchuer may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vase) or written change Order. If any such change alTecks the amount due or the time ofperfoWmce hereunder, an equitable adjusu real shall he made. 6. TERMINATIONS. The Purchaser may et any time by written change order. renounce this agreement as to any or all portions of the goods then not shipped, subject o any equitable ndjutmrnt between the parties u to any work or material, than in progress provided that the Purehase, shall toot he liable for any claims fur an,icipmed pine,, on me umnceplaed portion of the goods anNor work, for incidental or consequential damages, and slut no such adjustment be made in favor of the Sella with respect to any gads which ate the Sells, •mndad stock. No such termination shall relieve For, Purchaser Or me Sella of my oftheir obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for djmtmat soul be msmed within miry (30) days from me date the change or urmimtion O ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishd in stria compliance with all applicable laws ad regulations to which the goods are subject. The Sella shall execute and deliver such daurnents as may be required to rffal or rvided. compliance. All laws and regulations required to be incorporated in agreements of this character are hereby mcoryomsed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs end damages suffered by me Purchaser as a reach of the Sells, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wvnen consent ofmc other party. 10. TITLE. The Seller worst full, clear and unramcted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, fine and clear of any and all firm, restrictions, reservations, security interest encumbrances and claims of offers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the it. and conditions hereof, failure or delay to excusuc any rights or remedies 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 ofhee design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performmce, hereof or any of its rights or remedies as to any such goods, regardless Of when shipped, rocely d or accepted, so ro any prior or subsequent default hrmanna. nor shall any purpoded oral modi frcation or rescission of this purchase order by the Purclawa opeam as a waiver of any of eve terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchroa recognize mat in waml economic practice, o achargea mucking from antitrust violations am in fact home by dw Purchnsa. Theretofore Foregood cause and as assidemrian for executing this purchase order, the Seller hereby assigns In eve Purchaser any and all claims d may now have or hereafter acquired under fdeml or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser Forward 1. Nis purchase mck, IT. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchase dorms, me Seller to Caber) wnconfanning or defective Gods by a data to be aged upon by the Purchaser and me Seller, and she Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may name Ne work to he performed by Ne most eapeditiom means available to it, and the Sella shall pay all casts assacimed wish such work. The Sella shall reform, the purchaser and its conlraclm of any tier from all liability and claims of my nature resulting firm the performm e, afsuch work This release shall apply even in the on, of fault of negligence of Ne pmry released and shall extend to ,he dirawn, officm and employees afsuch party. The Sellers contactual obligations, including wananty, shall root Ix darned In be reduced, in any way, because such work is perfomrd arc nosed to he performed by the Purchaser. 14. PATENTS. Whenever the Sella is mluired m me any design, claim, mated.) or process covered by later, patent, modemad r copyright, the Seller shall indemnify and save harmless the Purchaser farm my and all claims for infringement by reason of she we of such patented deign, device, material or process in connection with the contract, and shall indemnify me Purchaser for any cast, expense or damage which it may he obliged to pay by reason ofsuch inGtngemetn al any time during the Formation or Offer the completion of do work. In case said equipment, or any pan thereof or the intended use of the goad,, is in such suit held to remains, infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser me right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or codify 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 recuiler or Wstee for any Of the Sells, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teals used or the interpramion of the agreement and the rights of all parties hereunder shall be consWed under and gmrmed by the laws mile, Sale ofC.1.r ,USA. The following Additional Conditions apply only in where the Seller is toperform work hrmunder, including the terraces of Sellers Rapresenthtia,O), oa the premises f.then. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk omit the same is fully complete and ismeped, and shall, in se of any accident, destruction or injury to the work aml materials before Sellers cool completion and cceptance, complete me work in Sellers own expense and to the satisfaction of the Purchma. When materials and calcium., me furnished by others for installation or erdion by the Seller, the Saner shall receive, unload, score and handle same in me site and become responsible therefor as, though such =lariats and/or equipment were being f fished by me Seller under due order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of works, compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase coast, md/or to their dependents in accordance with the laws of the sure in which the work is to be done. The Sella shall also carte comprehensive general liability including, but root limited b, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one prom, S500,000 for any can accident and property damage lift Per accident of SAW.000. The Seller shall likewise require his contacts,, if any, to Provide for Such amparadon and insurance. Before my of the Sells, or his communes employees shall do any work upon the premises of orhers, the Seller shall famish the Purchum wish a certificate Out such compensation and warranec have been provided. Such cenificatex shall specify rise date when such a mpewtien and insurance heve been provided. Such ttnificams shall specify the date when such compensation and inswrmce expires. The Seller agrees Nat such cuna manse on and.... shall be maintained until afa the entire work is completed and asvmptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the rntire respomibilmy and liability far any and all damage, loss err injury afany kind or more whatsoever to persons or property noosed by or mulling forms the execution of the work provided for in this purchase rider or in romection harp ids. The Sella will indemnify and hold hmmless the Pueehasa and any we OF of rise Purchasers offlcm, agents and employees fmm and against any and all claims, lasso, danw nos charges or expenses, whether direct or indirect, and whether to Persons m property to which me Purchaser may be put Or subject by reason of my act, acdon, argon, omission or default on the pan of me Seller, any of his contractors, of any of the Sells, in contmmors offices, agents or amplayas. In case any suit or other procedings shall he brought against me Purchaser, or its officers, agents or employees at my time on account or by reason of my act action, cellar, omission or default of rise Sella of any of his comments or any of its or their officers, agents a, employees as aforesaid me Sella hereby agrees to usume the defense thereof ad On defend the some at me Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all juh ce. for may tre incurred by or obminal against the Puccini or any of its or their olficm, agents or employees in such suits or other proceedings, and in case judgment or other tin be, placed upon a obtained against the prolOmy, Ofmc Purchuer, or said panics in or u a result of such suits in other procedings. rise Sella will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Sella and his contactors shall rake .11 safety precautions, furnish and imall all guards necessary for the prevention of accidenq comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Art of 1970 and all roles and regulations Owned pursuer lhereb. Rased =014