HomeMy WebLinkAbout140189 BOYS & GIRLS CLUBS OF LARIMER COUNTY - PURCHASE ORDER - 9146880PO
PURCHASE ORDER 914688er Page
rC117/ of PURCHASE
46880 t of z
Flirt Collins( This number must appear
�-\V`I ` V on all invoices, packing
sli s and labels.
Date: 11/2512014
Vendor: 140189 Ship To:
BOYS & GIRLS CLUBS OF LARIMER COUNTY
103 SMOKEY ST
FORT COLLINS CO 80525
CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 11/24/2014 Buver: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i FY14 Building Great Futures
as contracted on 9/19114
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
24,927.00
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. COMMERCULDETAIIS.
Tax exemptions. By same the City of Fort Collins is exempt fmm stare and local man. Our Exemption Number is
11. NONWAIVER.
9g-34502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon start perflrmance of she terms and conditions he¢vf failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, fa'lme to promptly notify the Seiler in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transil, may he mum<d to you for credit and are not to be replaced except upon receipt of waam
purchaser to insist upon strict performance Immure, any of its rights a temdies res W tiny such goods, regardless
instructions Bom the City effort Collins.
of when shipped, received or mapted, as to any prior or Adsorption default hereunder, nor shall any purported
oral modification a rescission of this purchase oNer by the Pmchasa operate as a waiver of any of the leans
Inspection. GOODS arc abject to the City .1-Fort Collins inspection on arrival.
thereof.
Final Acceptance. Receipt of the mcrehandfm, services or equipment in repoase to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pal of the City of Fm Collins. However, it is to nd understood that FINAL
Sella and the Purchaser rxognive that w arsoal organic practice, mouchinges reacting fmm wlirrnat
ACCEPTANCE is dependent upon completion oFall applicable required ivspatium pro df res.
violation are in fact home by the Purchaser. Theraofore, for god cons, and as consideration for extraiag this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have a hereafter
Freight Term, Shipments must be TO City of Fort Collins, 700 Wood St., Ton Collins, CO 80522, unless
acquired order federal or scam antitrust laws for such overcharges relating W the particular goods or services
otherwise specified oa ran order. If permission is given so prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant m this purchase order.
bill most mmmpceny rainier. Additional charges for Parking will rot be accepted.
13. PERFORMANCE SELLERS OBLIGATIONS.
gamesinvarious part of hedustal an,from
ShipmentDistance.thee. Wheremanuti corers havedunfbon.
aPURCHASERSPurchasertheSella to sooner nonconforming or iivegoodsbyadam to be
I..are who.
exported from the nearest distribution point to dascinmion, and excess freight will be deducted from Invmce when
and
m comply, the Purchaser
ns comply, the Purchaser
and the Seller thereaftert inability
Purchaser and the dtheSelerther
pureness, and the Sella, inability m liable
shipments are made fora greater distance.
to
may cause the work to be performed by the most enpeditiuus means available m it, and the Sella shall pay at
work to t caparison
casts aumumd with such work.
Seller shall at sellers sole cast all necessary pmnfa, certificates and licenses required by
atiose wall
mplica. laws, regulations, ordinances tales of tree state, municipality, temmry or political subdivision where
The Sella shall release the wed its contractors army tier drum all liability and claims clear mturc
y o public authority gjuadidion over the work
the work is performed, or11. requiredby any other duly
the work i
resulting from the performance ofsuch work.
ce ofow
Fair pled
Seller further agrees to bola the City of Fen Collins harmless from and against all liability and Was
d and
ncutml by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
incurredb
This release shall apply even in the event fault or negligence of the peras ry released cad shall extend to the
and "at....
directors, oflicas and employees ofsuch party.
Authorisation. All parties to this room n agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said phonies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and coy supplementary or additional corms and conditions annexed harem or incorporated therein by
reference. Any additional or different terms and conditions proposed by nett are objected to and hereby rejened.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly ffyuu cannot make complete shipment to serve on your
promised delivery date as noted Time is of the asen r. Delivery and performance must be effected wild. the time
stated on rue purchase order cad the documents attached hereto. No acts of the Purchasrn, including, without
limitatfm, acceptance of pwul Imo deliveries, shall operate As a waiver of this provision. In the event of wy delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option claiming this order elm ebere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes n al rmwnably foreseeable which are beyond its reasonable antral and without its fault of negligence,
such acts of God, arts of civil or military authorities, govermnenal priorities, fires, strikes, Rood, epidemics, wars or
was provided Nat notice of the candidates causing such delay is given in, the Purchma within five (5) days of the
time when the Sella first received knowledge thereof In the event of any such delay, the dam of delivery shall be
extended for she period equal to the time actually lost by crown office delay.
3. WARRANTY.
The Seller warrants that all good, articles, materals and work covered by this order will conform with applicable
drawings, stare fictions, maples wNor other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance wida accepted standard For work of a
miler nature. The Seller agrees to hold the purchaser hnrmless from my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwareanty. The Seller shell replace, repair or make
goal without cost to the purchaser, coy defect or faults arising within me (1) year or within such longer period of
rime as may be prescribed by law or by the temp of coy applicable wart provided by the Sella after the date of
acceptance of the goods famished hatunder (aroeprance or to be .meow My delayed), resulting from imperfar
or defensive work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as mhawise provided in this purchase rider, the Sellers
habiliry hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss o'profits or loss of sew. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal forms by wave. change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make coy change to the rams, other tarn legal terms, including addinum to or deletions from
the quantities originally colonel in the specifications or drawings, by verbal or wrinen change order. If any such
change affects the amount due or the time ofperfom»nce hereunder, an equitable adjustment shall be made.
6.TERMINATIONS.
The Purchaser may at any time by wrinen change order, terminate this agrarian as as wy or all portions of the
goods then not shipped, subject to any equitable ndjtWmerrt between the parties as so any work or mmmak tam in
progress provided that the forebear, shall not be liable for any claims for anticipated pmfts on the uncompleted
portion of the goads and/or work, for incidental or consequential damages, and that no such ace stment be made in
favor of the Sella with import o any goods which are the Sellers standard stock. No such teemenown shall relieve
Me Purchaser or the Seller army of their obligations as m my goods delivered heremder,
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be aaened within thirty (30) days fmm the date the change or termination is
seemed.
8. COMPLIANCE WITH LAW.
The Seller answers that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the gods are subject. The Seller shall execute and
deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees W
irdemaify and held the Forchazer formal. fmm ell cones and damages mRerzd by the Pardaua as a result of the
Sellers failure as comply with such low.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this coder, or any monies due or to become due hereunder without he
prior winner coment of the other party.
10. TITLE.
The Seiler warrants full, clear and unrestricted title to the Forehasa for all equipment, materials, and items furnished
in performance of this agreement, free and clear of coy cad all liens, restrictions, reservations, security interest
eucummence cad claims afotbers.
The Sellers comrartual obligations, including warranty, shall not be dremed toed tedmod, to any way, because
such work is performed ar caused to be performed by the Purchaser.
14. PATENTS.
Marrever the Sella is requird to us, any design, device, material or process mitred by ]aver, patent, trademark
or copyright, the Sella shall indemnify ard save hamlcss the Purchaser from any and all claims for infringement
by reason of the use of such pamrted design, device, material or process in connection with the cantata, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason ofsuch
infringement at any time during the prosecution or after the m n,lelien of the work. In case said equipment, or
coy pan thereof or the intended are of the goods, is in such wit held m constitute infringement and the use of
said equipment ne pan is enjoined, the Seller shall, at its owns expense and at its option, eAha procure for the
Purchaser the sight to continue using said equipment or part, replace the same with substantially aryal but
noninfringing equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or handicraft, make an assignment fm the benefit of creditors, appoint e
rmefver or tmstee for coy of the Sellers property or be.. this antler may fodrwith be ennccled by the
Purchaser, without liability.
16. GOVERNING LAW.
The definitions oftemn used or the Mainframe. ofthe agreement and the rights of all parries hereunder shall be
command Major and governed "a laws of the Score ofCalorado, USA.
The following Additional Conditions apply only in cams where the Seller is to perform work hereunder,
including the services of Sellers Repnessencieth,q, on the premises of.thers,
IT. SELLERS RESPONSIBILITY.
The Sella shall carry on said wok at Sidlels own risk writ life same u duly completed and accepted, and sail,
in rise of any accident, dawclion or injury to the work anNor materials before Sellers final completion cad
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equlpmmr are famished by others for installation or aection by the Sella, the Seller shall receive, unload,
ware us, hurdle come at the site cad become responsible therefor as though such mar uirds and/or equipment
were being fmished by the Sella order the odes.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in comedian with the work covered by this purchase order.
wNor in their dependmu in accordance with the laws of the state in which the work is to ho done. The Sella
shall also cart, comprehensive general liability, iacludin& but not limited W, mmreaml and automobile Public
liability ram—, with bodily injury ..it death limits of at lase $30D,000 for any one person, $500,000 for any
me accident and property damage limit per accident of S400.000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall March the Professor with a catificme
Hot such compensation and inco moon, have ban provided. Such certificatrs shall specify the date whim such
mmpematfan had insurmce have been provided Such calificam shall specify the date Whom such mmpenwtim
and insurance expires. The Seller agree that such compensation and hnurwce shall be maintained until alter the
entire work is completed and accepted,
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind .
or ware whancever to persons or popery carved by or resulting from the execution o'the wok provided for in
this purchase order or in come num hrrewfth. The Sella will indemnify and hold harmless the Purchaser, and any
cr all of the Purchasers officers, agents and employees firma and against any and all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether a persons or property to which the Purchaar may
be put or subject by ressaa of coy act, artfon, neglect, omission or default on the part of the Sella, coy of his
mtmctors, or any of the Sellers or contractors officers, agents or employers. In case my suit or other
proceedings shall be brought against he Pamhaseq or its officers, agents or employees at coy time on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to
defend Ne same at the Sellers own expense, W pay any and all costs, charges, warear s has and oNer expemes,
any said ell judgments char may be rotund by m obtained against the Parches or any of in or their afters,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against Are pmperty of the Purchaser, or said parties hi or as a result ofsuch was or other pmcedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fwnuh hard found all goads necesmry, for the prevention of
accidars, comply with all laws and regulations with regal to safety including, but wiAwut limftatiom the
Occupational Safety cad Health Art of1970cad all rolesandregulauoms udpum=t therein.
Revised 0M014