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HomeMy WebLinkAbout548768 HUG SPORTS LLC - PURCHASE ORDER - 9146902Fort Collins Date: 11/25/2014 Vendor: 548768 HUG SPORTS LLC PO BOX 16461 GOLDEN CO 80402 PURCHASE ORDER PO Number Page 9146902 1of3 This number must appear on all invoices, packing slips and labels. Ship To: NORTHSIDE AZTLAN COMMUNIT CITY OF FORT COLLINS 112 WILLOW FORT COLLINS CO 80524 Delivery Date: 11/25/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 youth camps-7/14 - 7118 1 LOT LS 1,990.20 Inv. #50509 dated 11Q0/14 2 youth camps-7/7- 7/11 1 LOT LS 2,473.80 Inv. #50513 dated 11/20/14 3 youth camps-6/16 - 7/3 1 LOT LS 7,418.60 Inv.#50503 dated 11/20/14 4 youth camps-6/9 - 6/13 1 LOT LS 3,511.20 Inv. #50502 dated 11/20/14 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9146902 2of3 This number must appear on all invoices, packing sli i and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 youth camps-7/21 - 7/25 Inv.#50510 dated 11/20/14 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 3,910.20 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 3 of 3 L COMMERCIN,DEfAILS. Tax exemptions. By statute the City of Part Collins is exempt from internal ]rival taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Derive, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Gads Rejer1sL GOODS REJECTED due to failure to meet specifications, either when shipped err due to dcfecn of damage in na nno, may be rctumed to you for credit and are not to be replaced except upon receipt of written instructions fiom the City of Fort Collins. Inspection. GOODS we subject to the City of Fort Collins inspection on mrival. Final Acceptance. Receipt of the merchandise, services or equipment in rimonse to this order can result in amherical payment on the pan of the City of Fort Carlos. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion ofall applicable ox,eiml inspection procedures. Freight Terms. Shipments must be FOR,, City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on ],is order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufaztmers have distributing points in various parts of the country, shipment is expected from the ..,test distribution powt an destination, and excess freight will be deducted main Invoice when shipments are made from pi distance. Permits. Seller shall procure at sellers mle coat all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authorry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against AI liability and lass incurred by dorm by Pennon of an asserted or established violation of any such laws, regulations, ordinances, Pales and Peo iretnenrs Authmastion. All parties to this contract agree Net the rcprtsentativ. are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits wee dance to the terms and caallimsss stated herein set Each and any supplementary or additional tamer and conditions summer heeto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jec¢d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dare as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitnrimm, acceptance of pi nial late deliveries, dull operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall owl he liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable counted and without its fault ofnegligence, such we, ofGed, acts fcivil or military authorities, goverrmmrnal priorities, tires, stakes, Rood, epidemres, was m rots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller Gm reeivr f knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the permad equal to the time acmdly lost by eastern of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drwings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of.re and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlacs fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwarrmnry. The Seller shall replace, repair or make good, witho , coma the purchase, any defects or faults arising within one (1) year or within such longer protest of time as may be prescribed by law or by the terms of tiny applicable warranty provided by the Mier after the date of accepts. of the goods fomahed hrmunder (acceptance not to be umw wwbly delayed), resulting fmm imperfect or defective work done or materials f ished by the Seller. Acceptance or use of gouda by the Purchaser shall not ravenous s a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or promises, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Ti Purchaser may make thanges ro legal temp by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the apeificatluns or drawings, by verbal or wrium change order. If any such change affects the amount due or the time ofpchormari¢ herunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by winner change order, le miser this agreement m many or all portions of the goods then not shipped, subject o any equitable adjustment between rise parties as to any work m mat®als Been in progrtes provided that the Purchaser shall nor be liable for any claims for anticipated pruNs on the uncompleted portion of Ne goods and/or work, for incidental or consequential damages, and Nat art such adjust nent be made in (aver of time Seller win rmpect to any goads which are the Sellers standard stock. No such termination shag ¢lies, the purchaser or the Seller army of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wammer that all goods sold hereunder shall have been produced, sold, delivered and fum¢hal in strict compliance with all applicable laws end reguladars to which the good are subject The Seller shall execute and deliver such documents. may be retrained to effec, m evidence compliance. All laws and regulations required to be r ewpon ial in agreements of this chancen u are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Gom all costs and damage suffered by the Purchaser as is result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior B. consent ofthe.,be, party. 10. TITLE. The Seller warrants full, clear and unrestricted bile to the Parehaser for all equipment, materials, and items fuenuhcd in picififtemencess, of this agreement fen and clew of any and all liens, restrictions, reaeraztions, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this pureh w, order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hertunder, nor shall any rumored oar modifianov or rescission of this purchase order by the Furtherer operate is, a waiver of any of the terms hereof. lie ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser recognize that in actual ecommic practice, o erchvges resulting fmm It., violations are in fast home by the Purchaser. Theretofore, for goad cause and as comidemtion for estimating this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state rourn st laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct rwvcovforning m defective goads by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs msoeiated with such work. The Seller shall release the Purchaser and in contractors of any tier fmm all liability and claims of any naure resulting form the performance afsuch week. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olEcers and employees ofse ch patty. The Seller's contractual obligations, including waranV, shall rat be deemed to be tWueed, in any wag became such work is pronounced or ..it to be performed by the Purchaser. 14. PATENTS. Whenever the Seller u requital m use any design, device, motional m process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far inGngemenl 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 cost, expense or damage which it may be obliged to pay by reason of such infringement at any tins during the prosecution or after the completion of the work. In case said equipment, or any parr thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procme for the Purchaser the nghl to carnmee in, .id equipment or pans, replace the .me with substantially equal but noninGnging egair.,, or modify it. it becomes ... iufdnging. 15. INSOLVENCY. If the Seller shall become insolvent at bankrpt, make an assignment for the benefit of creditors, appoint a receiver or trmmee for any of the Sellers property or business, this oral may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemss used or the interpretation of the agreement and the rights ofall parties hereunder andl be cons coed under and governed by the laws ofthe State ofColamdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to pert work hereunder, including the services of Sellers Represumative(s), on the premises ofaWers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in caw of any accident, destnation or injury to the work robot materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase,. When materials and ryinpatient are famished by others for installation or erection by the Seller, the Seller shall receive, natural, store and handle same at the site and become responsible therefor m though such materials andbr equipment were being nominated by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for Be payment of week. compensation, including occupational disuse benefits, to its employees employed as or in connection with the work covered by this purchase order, arbor to their dependents in accordance with rise laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commetual and automobile public liability insurance with bodily injury and death limits of an least $300,000 for any one person, $500,000 for any accident and property damage limit per reticent of $400,000, The Seller shill likewise quire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such comprnsation and insurance have been provided. Such certifi.tes shall specify the dale when such compemwtion and insurance expires. The Seller agrees Nat such wmpewation and insurance shall be Punished until after the entire wads is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, lass or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees loom and Win,, any end all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or sobjecl by reason of any act action, neglect, omission m default on the pan of the Sell., any of his comnetors, or any of the Sell. or contractors officer, agenfi or employ¢, In case any it m other proceedings shall k brought against the Purchaser, or its oliicen, agents or employees at any time ore sewn., or by Poison of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof mad to defend the same at the Seller Own expense, to pay any and all ash, charges, mtomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Extortioner or any of its or Nev officers, agents or employees in such suits or other proceedings, and in care judgment or other lien be placed upon or obtained against the property o'the Purchaser, or said parties in or as a result of such suits or other pmcceftha , the Seller will at once cause the same to be de a rived and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions, famish and broad all guards necessary for rise prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 end all rules nor regulation issued pursuant Berta. Revised 0IRO14