HomeMy WebLinkAbout123508 BASE CAMP INC - PURCHASE ORDER - 9146879City
of
FOr't Collins
Date: 1112512014
Vendor: 123508
BASE CAMP INC
1241 RIVERSIDE #200
FORT COLLINS CO 80524
i SITYTATI-Aro lk-11= I
PO Number Page
9146879 1 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1 ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/24/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 FY 14 Childcare Scholarships
as contracted on 09/19/14
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
1 LOT LS
56,000.00
Total $56,000.00
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
L COMMERCIAL DETAILS.
Tax exemptions. By mail me City of F. Collins is exempt from sure and local coxes. Our Exemption Number u
98-04502. Federal Excise Tax Exemption Cetifcate of Registry 84-60o0587 is registered with the Collector of
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms end condition hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stawtes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected GOODS MECTED due to failure m ram specifications, dNer when shipped or due to defects of
any of the warrlait. a obligations of this purchase order and shall not be dermal a waiver of any right of the
damage in trai navy be rtmmd to you for credit and are and to be replaced except upon receipt of written
purchaser in mist upon strict performance hereof or any of its rights or remakes as to my such goods, regardless
instructions from the City of Fml Collins.
arachnid shipped, received or accepted, n to any prior in subsequent default hereunder, not shall my Partial
oral modification a rescission of this purchase order by the Purchaser apnea as e waiver of any of Or term
Inspection. GOODS are subject to the City of Fot Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in respnse to this order cm result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aulhoriud payment on the part of the City of Fan Collins. However, it h to be understood that FINAL
Sella and the Pluchnff maritime that in mural communic practice, overcharges recalling farm antitrust
ACCEPTANCE is dependent upon compict of all applicable required impetion procedures.
violation are in fact home by me Purchaser. Therrofom, for good cause and as cunid.tion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipmen¢ most be KO.[L, City of Fan Collins, IN Wood St., Fort Collins, CO 80522, unless
acquired order federal ar love mtiwst laws for such overcharges relating m the particular goads or services
otherwise specified on this order. If permission is given or pop y fmigh, and charge separately, hie original freight
purchased or acquired by the Purchaser ptntant or this purehau order.
hill mod -cornea. invoice. Additional cbaren for omkine will rat be accepted.
Shipment Distance. Where manufacturers have distributing pain,, in various pans of the country, shipment is
expected from the neater dida brim point to declination, and excess freight will be doducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure or sell. sole cost all necessary .its, certificates and ]is. required by ell
applicable laws, regulation, ordinances and roles of the store, municipality, territory or political sub larisim where
the work is performed, or required by any other duly constinited public authority having jurisdiction over the work
Of vendor. Seller father v,mv, to hold the City of Fort Collins larmless from end against all liability and lass
incurred by them by reason of an assured or asublishN violation of any such lawn, regulation, ordicances, roles
and requirements.
Amhndxmion. All parties to this comma agree that the representatives are, in fact, bona fide and possess full lad
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the term and condition suital
herein set fined and any supplearrmary or additional teen and condition sanexd hereto or incorporated herein by
reference. Any additional or different terms and condition proposed by seller ate objected to and hereby mated.
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 the eucnre. Delivery and performance most be effected within the time
stated an the parches, carrier and the documents attached hereto. No acts of the Purchasers including, without
hatitaion, acceptance oFpaaial late dclivefa, shall operate as a waiver cribs provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies the iTam of placing this order elsewhere
and holding the Seller liable for damage. However, me Seller shall not be liable for damages as a result of delays
due to not not rwsonbly foreseeable which am beyond its moromble central and wlarou, its fault of negligence,
such acts ofGd, acts of civil or military authorities, govemmenml priorities, fins, strikes. Rand, aidcmiw, was or
riots provided Nat notice of the condition caning 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, me date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wananta ,bat all goods, articles, materials ad work coverd by this order will conform with applicable
drawings, specifications, samples and/or other dracripfion given, will he Fit far the purposes itendd. end
Terfamsd with the highest degree of core and competence in accordance with accepted standards for work of a
Imilo, more. The Sella agrees m hold Ne purchaser Land s floor any lass, damage ar expense which the
Purchaser may suffer or incur an account of the Sellers breach of warranty. The Seller shall replace, repair m make
goad, without test to me pumbout my defects or faults arising within one U) year or within such longer peed of
time as may be prescribed by law or by the team of any applicable wmmnty provided by she Sella after the date of
acceptance of the goods furnished hereunder (aueptance, not to be unreasonably denyal), resulting fro inapfffml
or defective work done or materials Banished by the Sella. Acceptance or ere of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers
Liability hereunder shall extend to all damages compared, rnmud by the breach of any of me foregoing wanmain
or guamntoes, but such liability shall in no event include lass of profts or loss of tow. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal learl, including addition m or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
flange affects me amount due or the time ofpafti .ranee hereunder, an crumble armament shall he made.
6. TERMINATIONS.
The Purchaser may at any time by want change order, ¢rminate this agreement as m my or all portions of the
gods men era shipped. subject to any equitable adjustment between the parties as to any work or materials then in
progress provided mat hie Drumbeater lung not be liable for any claims for anticipated pmGts on the uncompleted
,at. of Ne good t nNm wok, for incidental err conequrmtial damages, and that an such djuumrnr be made In
favor of the Sella with respect to say good which are me Sellers standard stock. No such temrination shall relieve
the Purchaff or the Sella army of their obligation as Ira any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for sdjntment most be assured within thirty (30) days fmm the date the change or maammioo is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold herewder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation to which the goods are subject The Seller shall execute and
deliver such documents as may be required to efree, or evidence compliance. All laws and regulation natural to be
mmpomtd in agreements of this character are hereby incorporated herein by this reference. The Sella agrees m
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by me Putchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, tramf , a cone, this order, or any monies due car to become due hereunder withal me
prior written consent ofine other party.
to. TITLE.
The Seller wartanr, full, clear and wuesniaed title no the Puchaer fro all equipment, mmmills, and items fumished
in performance of this agreement f and clear of my and all lien, tessnc4oru, reservation, sernmy interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to mncel nonconforming or do@dive goods by a date to he agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, me Purchaser
may cause the work to be prfoaned by fie most expdition mane available to it, said the Seller shall pay all
carts acwciated with such work.
The Seller shall release the Purchaer and its contractors of any tiff fmm all liability and claims of my nature
esnhing floor the unficarnme of such walk.
This releae shill apply even in me event of fault of negligence of the party releasal and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is acquired] to use any design, device, mtcrial or process covered by letter, patent trademark
or copyright the Seller shall indemnify and save brimless the Purchaser fmm any and all claims for inGngemem
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 cast, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the promotion or after the completion of the work_ In case said equipment, or
any pan thereof or the intadal me, of the goods, is in such suit held to constitute arrangement and this, use of
said equipment or pm is enjoind, the Sella shall, at its own expense and at its opium, either procure for the
Purchaser the right to continue using said equipment or pas, replace the same with substantially equal bur
noninfi inging equipment, or modify it so it becomes noninfriript,
I S. INSOLVENCY.
If the Seller shall become inohenr or baskmpl, male an assignment for the benefit of creditors, appoint a
offewer r truss for any of he Sellers property or bniment this order may forthwith he canceled by ,he
Ptichnewidard liability.
16. GOVERNNIG LAW.
The definition oflerms used or me interpretation ofthe agrermrot ad me rights of all ptia hereunder shall be
comrmed under and governed by the laws ofthe Stare ofColamdo, USA.
The following Additional Condition apply only in cases where Ne Seller is to perform work hereunder,
including me services of Sellers Repuunttivc(s), ou the premixes protect.
17. SELLERS RESPONSIBILITY.
The Seller shall carry. said work at Sellers own risk it the tome is Polly completed] and acceptd, and shall,
in u of any scroll dalmatian a injury an the work labor nationals before Sellers final completion and
warrantor, complete me work at Sellers own expense and to the satisfaction of the Purchases. When materials
and innipment . fumuhed by others far inmllation or.dim by due Sella, the Sell- shall reerive, unload,
store not handle same at ter site ad become come nable therefor as tough such materials andror equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at has own expense, provide for the payment of workers compensation, including occupational
disease benefits, b its employees employal on or in correction with the wok covered by this purchase order,
labor m their dependents in accordance with the laws of the suite in which the work is to he done. The Sella
shall also carry comprehensive general liability including, but not limited in. commetual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any
incident and property damage limit per accident of 5400.000. The Seller shall likewise require his
commctors, if any, la pmside for such mmpnsution and coerce. Before any of the Sell. or his co onto is
employees quit do my work upon the premises of others, the Setter shall f ish the Purtbasn with a certificate
chat such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have Fern provided. Such cenifwos shall specify, the dam when such compensation
and insurance expires. The Seller agrees that such compensation and pomace shall be maintained =iil after the
entire wok u completed aed accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the arm responsibility and liability for any and all damage, loss or injury fmay kind
r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
mix purchase We, or in mmectio. herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of Ne Purchasers offic., agents and employees ham and again, or, lad all claims losses damages,
charges or expenses, whether direct or indirect, and whether to Pons or property to which the Purchaser may
be put or subject by reason of any rat action, raglM, omission or default on are part of the Sella, my of his
contractors or any of the Sellers or contractors officers, agents or employees. In am my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees r lay time can account or
by warmer of my act action, legal, omission or default of the Miff of my of his control or my of its ar
their officers, agenrs or employers as aforesaid, the Seller hereby agrees to assume hie &ft. Nercof and to
defend the same at the Sellers own expense, to pay any and all casts, changes, momrys fees and other expenses,
any and all judgments that may be incurred by or obtainal against the Purchaser or any of its or their oRficers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be plural upon or
obtained against Ilse property ofine Purchaser, or said pries in or as a recall of such suits an other proceedings,
the Sella will m once mom she same to be dissolval ad discharged by giving band or adorwise. The Seller and
his cormaors shall take all safety precaution, finot and inmll all guard maramory for me prevention of
accidets, comply with all laws and regulations with regard to safety including, but without Irritation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto.
Revised WOO