HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9147168PO
PURCHASE ORDER 914716er Page
C117/ of PURCHASE
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Flirt Collins( Thisnumbermustappear
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sli s and labels.
Date: 12/05/2014
Vendor: 102622
POUDRE SCHOOL DISTRICT
ATTN: ACCOUNTS RECEIVABLE
2407 LAPORTE AVE
FORT COLLINS CO 80521-2297
Ship To: NORTHSIDE AZTLAN COMMUNIT
CITY OF FORT COLLINS
112 WILLOW
FORT COLLINS CO 80524
Delivery Date: 12/05/2014 Buyer: WILSON, JILL
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
I rental of PSD gyms 1 LOT LS 6,674.06
Invoice AR127734
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. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Fan Collins is exempt fate stale and local taxes. Our Exemption Number is
98404502. Fo l Excise Tax Exemption Certificate of Registry 84-lX( i is rtgisterN with the Collector or
harmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1979, CTapts, 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to mad specifications, either, when shipped or due to deeds of
damage in onswit, may he returned to you for credit and are not a be, replaced except upon receipt of added
instructions fen the City ofFort Collins.
Inspection. GOODS are subject to the City effort Collins inspection on amval.
Final Acceptance. Receipt of the merchandise, somices or equipment in response to this order can result in
authoais payment oil the part of the City of Fort Collins. However, it is to be vodemood Used FINAL
ACCEPTANCE is dependent upon complerion of all appliable nmuired inspection privations,
Freight Terms. Shipments most be F.O.B., City of Pan Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. Ifpermission 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 manufaamers have distributing points in ... pans of the country, shipment is
expected from the nmrest distribution point to destination, and excess freight will Iss deducts from Invoice when
shipments are made fin, smut, culture.
Paris. Seller shall procure at callers sale cast all necessary peril, cenifiates and licenses mquira by all
applicable laws, regulations, ordinances and roles of the state, municipality, terrimry a political subdivision where
the work is performed, or required by any order duly mmnlmted public authority having jurisdiction over the work
of vend., Sella further agrees to hold the City of Fun Collins harmless from and Haim, all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirement.
Audwriietion. All parties to this contrast agree that the depteunmlives art, in had, bons fide most possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purclaass Order expressly limits acceptance a the tens and conditions stated
herein cal forth and any supplementary or additional terms end conditions amexa hereto or incorporated heroin by
reference. Any additional or different terms and mMitiom proposes by seller are objected to and Worry jeered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be e0'ecled within the time
stated on the pumha a order and the documents sllashed hereto. No ads of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver affairs provision. Iv the event of any delay,
the Purchaser shall have, in addition to order legal and equidable mnalea the option oTheing Nis order elsewhere
and holding the Seller liable for damages. However, the Seller shall no, he liable far damages as is mull of delays
due as causes or reasonably foreseeable which are beyond its reasonable coolant and without its fault of negligence,
such vas of God, acts of civil or military authorities, govemmenul priardies, fires, strikes, Boa, epidemics, wars or
not provided that notice of the conditions causing such delay is given to the Pumhmer within five (5) days of the
rime when the Sella first da teal knowledge Ilrcdmf In the event of any such delay, the date of delivery shall be
extended for the prod equal to the rime actually loss by feasoa of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples similar other descriptions given, will W fit for the purposes intendaL not
perforce with the high.. degree of one sad competence in accordance with accepted treadmill for work of a
imilar venue. The Seller aorta to hold the purchaser harmless from any loss, damage or expense which Ne
from mer may sufer or incur on account of the Sellers breach .f wamnry. The Seller shall replace, repair or make
Pool. without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the lens army applicable wamnry provided by the Seller alter the dare of
secepfdue of the grad Standard hereunder (zccepunce not to be unseasonably deloya), resulting from lameness
or defective work donne or mammals famished by the Seller. Acceptance or use of goods by the Purchaser shall rat
constitute a waiver army claim under this wamnry. Except in 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
of guarantees, but such liability shall in no ,or 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.
The P... Inner may make changes Ira legal It. by wren change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may it. is, changes to the teens, other than legal terms, including additions to or deletions Two
the memories annually ordered in the specifications or drawings, by verbal or wrtten change order. If any such
ther change affects e amount due or the time oflsforux ahereaMa. an amicable adjustment shalt be rase.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then nut shipper, subject 1. any auieble aju.men, Women the parties ns to any work a materials then in
progress provided Nat the purchaser shall not be liable for any claims for anticipated parties on the uncompleted
portion of the goads minor work, for inddental or consequential damages, and Nor no such adjustment be made in
fay.f ache Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
Use Purchmer or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim fen adjustment most he acsened within thirty (30) days from the dane Use change a nomination is
indeed.
8. COMPLIANCE WITH LAW.
The Sella warms that all goods sold hereunder shall have been pmduca, sold, delivered and famished in strict
compliance with all applicable laws and regulations N which the goods are subject The Sella Ault execute anal
deliver such documents as may be remained to effect or evidence compliance. All laws and regulations required to tr
incorporated in agreements of this character sire hereby incantational herein by this reference. The Sella agrees to
indemnify and hold the Purchaser hunnless firm all cost and damages suffers by the Purchaser as a result of 'he
Sell. failure to comply with such law.
9. ASSIGNMENT.
Neither party shall ensign, transfer, or convey Nis order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE,
The Sella warrants full, clear and amesaicted title to the Purchmer for all egaiPmml, mataak, caul items furnished
in perfomance of this agreement free and clear of any and all liens, restrictions. nremanom, security interest
mcumbmnca and claims afmanxi
ILNONWAIVER.
Failure of the Pureham m insist upon sme, perffirs a or the team alb conditions hermar. faihoe or delay to
exercise my rights or remains provided herein or by law, failure to promptly notify, the Seller in the event of a
breach the acceptance of or payment for goods haeunder or approval of the design, shall not release the Sella of
any of the warranties or obligations of this purcha • order and shall not be deems a waiver of any right of the
purchaser to insist upon stria performance lamofor any of is rights or remedies as as my such good, regardless
of when shipped, received or accepted, an to my prior or subsequent default haeunder, nor shall any pertained
oral modification or maission of this purchase order by she Pluch ssa creature an a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella add the Purchase recagnnre that in arrual mommic practice, overcharges resulting firm antitrust
violation art in fact some by the Producer. Franchise, for good cause and as c ode idemtion for executing this
purchase order, the Seller hereby resigns no the Purchaser any and ell claims it may now have or hereafter
acquire under federal or state emired laws for such overcharges relating to the particular goods or services
purchased or acquired by the funchazer pursuant to Nis parchau order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direct the Seller W wrsect mnconforing or defective goods by a date to W agreed upon by the
Purchaser and the Seller, and the Seller Nerafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be paired by the most expeditions means available to it, and the Seller shall pay all
cats nowaints with such work.
The Sella shall release the Purchase and in mnndams of any tier firm all liability and claims of any nature
resulting from the pccorame of such work.
This release shall apply even in the event of fault of negligence of the pan, released and shall extend to the
directors, offers add employees ofsuch party.
The Scllers cantrxmal obligations, including warnty, shall am be domed no W mduca, in any way, because
such work is perfoma or annual to be perforce by the Purchases.
14. PATEN IS.
Whenever the Sella is required to use any design, device, material or pmcess covered by laev patent, trademark
or copyright. the Sella shall indemnify oral save harmless the Purchaser from any aM all claims for infringement
by reason of the use of such panmta design, device, materiel arm process in mredim with the word, and
shall indemnify the Purchaser For any cost, expense or damage which it may be obliged to pay by reason of such
infringement of any time doing the prosecution err efts the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said ampersand or pan is enjoined, the Sella shall, at its awn expense and at in option, either procure for the
Purchaser Use right to couldrue using said equipment or parts, replaze the same with substantially equal but
manurial apripment, or modify it so it becomes mainfnnging.
15. INSOLVENCY.
If the Seller shall became insolvent an bankmpt make an assignment far the benefit of creditors, appoint a
a trustee far my of the Sellers pmlxrty or business, this order may forthwith he .1al by the
Purchase without liability.
to. GOVERNING LAW.
Tire definitions ofters round or the interpretation of the agreement end the right of all parties himmnds, shall be
comuned under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in causes where the Sella is to perform weak hereunder,
including the smite ofscllens Repreunrative(s), an the Premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall amry on said work m Sellers own risk until the came is fell, compince and acceptce, and shall,
au of any accident, dorctimn or injury la the .,it shaVor materiels brims S.Ilers furl ampletion and
acceptance. complete Use work m Seriels own expense am to are satisfaction of the Purchaser. What marenals
and shipment ere fiunishs by others for installation m crcetion by the Sella, the Sella shall reserve, unload,
store and handle same at the site and become responsible therefor m though such numnals mNor equipment
were being furnished by the Sella major the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of work. compnwtion, including aceuWfnal
disease benefits, 1. its employees employe oa arm in connection with the work covered by this purchase cute,
antllor to their dependents in accordance with the 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, contractual and automobile public
liability insurance with had dy injury aid death Jinn. of at Is-, Sust'sso far any arm pecan, S50(fid" for any
accident and property damage limit per accident of 5<00,000. The Seller shall. likewise rat ire his
command, if any, a pnavide for such comparsfion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises crafted. he Sella shall famish the Purchsser with a certificate
that such compensation said insurance have been provided. Such canifcates shall specify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expim. The Seller agrees flat such compatszticn and inventories shall be maintained .61 after the
entire work is completes and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss arm injury of my kind
or nature whatsoever to persons or property canted by or mulling Item the execution of the work provided for in
this purchase oiler or in connection herewith The Sella will indemnify and hold harmless the Purchaser and envy
r all of the Purchasers one., agent had employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirat, and whether m p.ons or property to which the Purchaser may
be put of subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any of his
command, or envy of the Sellers of contractors officers, agents or employees. In ate any suit err other
proceedings shall be Wrought against the Purchaser, or is cafe., agents or employees at any time on account or
by reason of my acL anion, .,]at, omission or default of the Sella of any of his manse. or any of is err
their officers, agents in employees as aforesaid, the Sella hereby agrees to assume the &fr. threat and to
defend the same at the Sellers awn expense, to Pay any and all coos, charges, summers fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers,
agents or employees in such area a order pmceaings, and th case judgment or other lien he places upon or
obtained against the pmpeny of the Purchmer, or said parties in or re a mull of snch suit or orfer proceedings,
the Sella will to ova cause the same to be dissolve add discharge by gioingbovd or otherwise. The Seller add
his contractors shall take all safety precautions, famish add i inall all guard necessary for the prevention of
accidents, comply out all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety end Health Act of 1970 and all miss and regulations issued pursuant thereat.
Res red olnOI4