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HomeMy WebLinkAbout534718 LION APPAREL INC - PURCHASE ORDER - 9147003City of FF6rt Collins Date: 11/28/2014 Vendor: 534718 LION APPAREL INC 7200 POE AVE, SUITE #400 DAYTON OH 45414 PURCHASE ORDERPO 914700er Page 147003 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 11/28/2014 Buyer: DOUG CLAPP Note Line Description Quantity UOM Unit Price Extended Ordered Price CBRN suits 1 LOT LS 8,875.00 per quote PSGQ13040 dated 11/24/14 (5) ChemBio suits - MFGR Part # CMFE11A=10 Lion MT94 -(1)XL - (3) 2XL - (1) 3XL unit price - $1,775.00 Delivery included Total = $8,875.00 Contact: Sgt. Dan Murphy ph# 970-567-4014 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@fogov.com 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from site and local coxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Centime, of Registry 84-6000587 is mustard with the Collator of Failure of the Purchaser m insist upon stairs performance of the terms and conditions hereol, fishim err delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Sphims, 1993, Chama 39-26,114 (a). coarse any right or families provided herein or by law, failure as prmrtptly notify the Sella in the event of a breach, the acceptance of or Payment for goods hereunder or approval ofine design, shall not release the Sella of Grinds R jeered. GOODS REJECTED due in failure to meet specifications, either when shipped or due to deferts of any of the wartanties or obligations of this purchase order and shall not to clamed a waiver of any right of the damage in TrowiO may be retumN m you for credit and ore nos to W suplaced except upon omalo of written purchaser an insist upon strict perforruni thereof., any of its rights nr remedies m m any such goods, regmdleas imtmaions from the City of Fan Collim. of what shipped, received or incepted, as in any prior or subsequent default hereunder, nor shall any parpmted am) modification or nowission of this pachose miles by the Pmcbmer operate as a waiver of any of the nmrs Inspatioa GOODS are subject to the City ofFort Collins impaction on aterval. kinal Fuel Acceptance. Receipt of the merchandise, accomers a equipment I. ,aponse to this offer can fault in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the and of the City of Fan Collins. However, it is to W understood that FINAL Sella and the Puabosa recognize that in moral moccurnic practice, overcharges resulting fmm anfimut ACCEPTANCE is dependm upon complaion of all gsplirable narrowed inspection powahpra. violations arc in fact home by the Purchased. Theretofore, fat good came and as comidentin fat executing this purchase, under, the Sella hereby acsigm to the Purchaser my and all claims it may raw have or hereafter Freight Trios. Shipments most be F.O.O, City of Fan Collins, 900 Wood Sr, Pon Col[im, CO 80522, unless acquired under federal or state mritaust laws for such ovacharga relining to the particular goad or service, otherwise specified on this orda. if permission is given to prepay freight and charge fortunately, the onto=] freight purchased or acquired by the Punahnsa pursuant to this purchase under. bill mast accompany mvaicr. Additional charges for Parking will not be aeo ptM 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Commit. Wbere manufaauters have c unibuting points in various pans of the country, shipment is If the Purchaser duns the Sella 10 rotted nomonfoming or defective good by a date as be agreed upon by the expected fmm the moral distribution prior Is destruction, and excess Sought will fee deducted fmm Invoice when Purchmer and the Seller, and the Sella thereafter indicares its inability or unwillingpess as compy. the Purchaser shipments art made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall Pay all costs msociated with such work. Prmcdx. Seller shall proems at sellers sole cost all necessary, permits, cenivades and licema requirad by all applicable laws, regulations, ordinances and rules of the state, municipality, remarry or political subdivision whore the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an formed or established violation of any such laws, regulations, ordinances, rules and rominowars. Authonzation. All patia to this contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Offer expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or moulasrated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. 9'ime is of fhe essence. Delivery earl performance, most be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without locam on, acceptantt of pmtial late deliveries, shall rpmm as a waiver of this provision. In the wcut of any delay, the Purchmer, shall have, in addition to other legal and equimble rarraim, the.,firm ofplacing Nis offer elsewhere and holding the Seller liable for damages. However, the Seller shall Ira, Is, liable for damages as n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable mural and without its fault of negngnrce, such acts of God, acts rfcivil or military, authorities, governmental priorities, fires, strikes. Brad, epidemia, wars or rims provided dust notice of the conditions raping such delay is given to the Purcbour within five (5) days of the time when the Sella first received knowdge thereall In the event of my such delay, the dam of delivery shall be extended for the period egml to the time intually lost by reason ofthe delay. 3. WARRANTY. The Sella co rants that all good, articles, materials and wank coved by this offer will cauffifin rat with applicable drawings, specifications, samples andlor other descriptions given, will her fit for she proposes intended, and performed with the highest degree of are and competence in accordance with mcepd smndardc fat work of a similar nature. The Sella agrees to hold the purchaser hmmless firm any loss, damage or expense which the Procclummormay suffa or incur on account office Sellm breach i f orturt The Sella shall replace, repair err make good, without con to the purthmeq any defam or faults arising within one (1) year or within such longer period of fame as may be pfscribed by lave err by the if. efany applicable wananV provided by the Sella after the date of acceptance of the goods fumuhed hereunder (acceptance cot to Is, unreasonably delayed), resulting fmm imperial or deft work done or mmeriab forward by Be, Sella. Acceptance or use of good by the Purchaser shall reel mnsfitme a waiver Of my claim under this wemnry. Except as; otherwise provided in flux purchase order, the Sellers liability hereunder shall extend to it damages proximately aussd by the breach of any of the foregoing war is or guarenters, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal tertm by written change offer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terra, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofirafomm s, hereunder, an amicable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the good then not shipped, subject to any equitable adjustment between the parries m to any work or mmerials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and drat no such adjustment be made in favor of the Sella with respect to any goods which we the Sellers social stock. No such remonstrant stall relieve the Purchmer or the Seller of any of their obligations as to any goad delivered hareuMa. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he a awned within Thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmrmts drat all good sold hefundes shall have Even produced, sold delivered and burnished in amod compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and deliver such documents as may be rtqud to effort or evideue compliance. All laws and regulation reprined to be incorporated in agreements of this chamcla of hereby incorporated herein by this reference. The Seller agrees a indemnify and hold the Purchaser brainless from all vests and damage suffed by the Purchase m a result of the Sellers failare to comply with such law. 9. ASSIGNMENT. Names parry shall assign, bamfer, or o ncey this offs, or any monies due or m become that, hereunder without the prior women mrsmt of the raper parry. IRTITLE. The Sella warrards full, clear and unremricd title to the Purchaser fat all equipment, materials, and items fivaithed I. performance of this agfinent, free and clear of any and all h ss, rarriaioos, resmad., security interest mcumbrdnca and claims of others. The Seller shall release the Purchaser and its contractors of any tier From all liability and claims of my vture vaulting from the performance ofrach work. This mlense shall apply even in the event of thuh of negligence of the party ,clamed and shall extend to the directors, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be clamed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENT'S. Whenever the Sella is squired come tiny design, device, material or process covered by later, patent, trademark copyright, the Sit shall indemnify and save harmless the Purchaser from any and all claims for infringement by reams of the use of such patented design, device, material or process in correction with the contract and that indemnify the Purchaser for any cost, expense or damage which it may has obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any Pan thcfaf or the Intended we of the goad, Is In such suit held to constitute Infringement and the we of mid equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure fr the Purchaser the right to continue ruing said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it m it becomes noninfdnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or Trustee for any of the Sellers Pupeny or business, this We, may forthwith be canceled by the Purchaser withom liability. 16. GOVERNING LAW. The definitions, Of terns used in the inauguration, of the agreement and she fights of all parties hereunder shall he comuue l cracker and governed by the Laws ofthe Same of Colorado, USA. The following Additional Conditiam apply only in owes where the Sella is to perform work hiaunder, including the service of Sellers Represrntative(s), on the premise ofoders 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work al Scllcfs own risk until the same is holy comply ed and accepted, and shall, in raze of my incident, destruction or injury to the work torpor contends before Sellers fiml completion and morplma, .,]as the work at Selle/s own expense and to the satisfaction of the Purchaser. When matenau and a,afforn, are famished by others for imtallanon or erection by the Sella, the Seller shall receive, urdad, store said knife same at the site and become responsible duerefor as though such materials anNor equipment were being famished by the Sella under The order. 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 connection with the work coved by this pumhau order, andlor to their dependents in overall with the laws of the state in which the work is to be done. The Seller shall also cany comprehensive general liability including, but not limited M, contractual and automobile public liability insurance with bodily injury and death limits of an lao, 53W,MO for any one person, $500,000 for any arm accident and pmpy damage limit per accident of S400,000. The Sella shall Idm o, require his onlradms, if any, to provide for such compensation and imumnce. Before any of the Sellers or his rontramms employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificate, shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained arrol after the more work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summers the entire res,onsibility and liability for any a i all damage, lass or injury of my kind or minor whatsoever to persons; or pmpeny caused by or resulting fm the execution of the work provided far in this purcha a 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 from and against my and all claims, losses, damages. charges or expense; whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by faces of any act, actiou, neglect, omission or default on the pan of the Sella, my of his .i.e., or any of the Seller or contrscm is N r.. agents a, employees. In caw my suit or other proceedings shall be brought against the Fashioner, or its ottfem, me. or employees at my time on account or by reason of any art, action, neglect, omission or default of the Sena of any of his contractors o, my of its or their officer, agents or employees m afnremid elf Sella hereby agree to assume she defame therwf and to rebound the mine at the Sellers own expense, to coy my and all costs, charges, attorneys as and other expenses, my and all judgments dust may be occurred by or .tamed against the purchases or my of its or their officers, agents or employers in such suits or of proceedings, and h case judgment or other dim he placed upon or obtained against The property of the Pufhascr, or said pania in or ex a result of such saws at other pmuedinp, the Sella will at range muse the cone to he disichod and discharged by giving bond or othawiae. The Sella and his c...a. shall rake all safety pmandiam, f ish and initial] all girds naesmny for the Intervention of accidents, imply with all laws and replatiom widt regard to mfery including bur without Ra imfiod, the Occupational Safety and Health Act of I WO and all rules and fgulmons issued pursuit therein. Revised 07n014