HomeMy WebLinkAbout103508 D J'S SPORT SHOPPE INC - PURCHASE ORDER - 3215043Fort Collins
Date: 0110212015
PURCHASE ORDER
PO Number Page
3215043 +oft
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 103508 Ship To:
PARK MAINTENANCE
D J'S SPORT SHOPPE INC
CITY OF FORT COLLINS
1225 RED CEDAR CIRCLE UNIT F
413 S BRYAN
FORT COLLINS CO 80524
FORT COLLINS CO 80521
Delivery Date: 01/02/2015
Buyer:
WILSON, JILL
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Reversible T-Shirt bid award for Youth Recreation 7343.
Line Description Quantity
UOM Unit Price
Extended
Ordered
Price
2015 Annual 1 LOT
LS
70,000.00
Reversible T-shirt - Youth Rec
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.mm
Total $70,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIALDEEAUS.
Tax exemptions. By wand¢ the City of Fort Collins u exempt from scale and local Was Our Exemption Number is
11. NON WAIVER.
98-04502, Federal Excise Tax Eumption Carfare of Registry, g460005O is registered with the Collector of
Failure of the Purchaser a insist upon strict performance of the ream and condtimm herrof, failure m delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a),
exece,se my rights or remedies provided herein or by law, failure to pmmply moe fy Yon Seller in the event of a
brand, the mcrymva of or payment far goods hereunder or approval ofide deign, shall nor release she Seller of
Goods Rejeetd, GOODS REJECTED due to failure to meet specifiadons, rid. when shipped or due to defars of
any of the wartmit. or obligations of this Purchase order out shall .1 be darned a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be .,lead inapt an meipt of firma
purchaser to insist upon strict performance hemofor any of irs rights or remedies as to any such goads, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my pumponed
oral modification or rescission of this purchase order by the Purchaser operate ss a waiver of my of the dome
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Rmeipt of the merchandise, services or equipment in response to this order ran result in
U. ASSIGNMENT OF ANTITRUST CLAIMS.
authorved payment on to pm of the City of Fan Caviar. However, it is Ip undeunderstoodundtothatFINAL
Seller and the Parelower, recognire slat in innaal economic practice, o ercharges malting from anderast
ACCEPTANCE is dependent upon completion of all applicable required impation procedures.
violations ate in fat bore by the Purchaser. Theretofore, for good cause and ss comiderman fro executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now, have or hereafter
Freight Terms. Ship... mmr be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, antess
acquired ruler federal or sme anlinmt laws fro such overcharges relating to the particular goods or services
otherwise specifd on this orda. If permission is given to prepay freight and charge separately, to original freight
purchased or inquird by the Pmchaker pursuant to this purchase codes.
bill mmr accompany awma. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pros of the country, shipment is
expected from the interest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made firm greater distance.
Permits. Sella shall procom et sellers sole cost all necessary permits, certificates and licenses required by till
applicable laws, regulations, ordinances and holes of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly comtiturad public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fart Collins harmless firm and against all liability and loss
incurred by tam by reason of an msened or established violation of my such laws, regulations, ordinances, roles
and requimnents.
Authorivrion. All ponies to this contract agree but the representatives are, in fact, bona fide ad possess full and
complete enable , to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions stated
herein set foM and any supplementary or additional terms add candidate annexed hereto or incorporated herein by
reference. Any additional or different terms and condidom proposal by seller me objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performmce must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not a liable for damages as is molt of delays
due to comes not reasonably locatable which are beyond its tmsomble control soul without its fault ofnegligence,
such eons of God, acts ofeivil or military authorities, governmental pdonfike, firm, stntr; Rood, epidemic, was or
dots provided that acidic of the conditions casing such delay is given to Yon Purchaser within five (5) days of she
time when the Sella first received knowledge tharof In the event of my such delay, the date of delivery shall a
extended for the period acted to the time actually lost by rexw r ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, mtieles, materials and work covered by this order will conform with applicable
drawings, spaideations, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence th accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purcbaser harmless from any Ions, damage or expense which the
Purehaur may suffer or incur on account ofthe Sella breach ofwammty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defecm or faults timing within one (1) year or within such longer period of
time as may a pmcrihd by law or by the tern of my applicable warranty provided by the Seller after to date of
acceptance of the goods fmishd hereunder (acceptance rot to be umenmmbly delayed), malting Tram imperfect
or defective work done or materials fumished by the Seller. Acceptance Or use of goads by to Purchaser shall nor
comtimte a waiver of my claim coda this warranty. Except as otarevise provided in this Forebear order, the Sell.
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantee; but such liability shall in no event include loss ofpmfm or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may make changes to legal terms by wdnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to be mans, other ban legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If my such
them, affects, the amount due Or the time ofperformmce hereuder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchmer may at my time by written chaage order, ram a ate this al ceneent as or my or all porticos of be
goods then rat shipped, subject to my equitable djusnnenl h veen the parties as in my work or materials then in
progress provided that the Purchaser shall not he liable for my claims for anticipated pmfiss on the uncompleted
Portion ofthe goods mNor work, for incidental or consaluential damages, and that no such djumment a male in
favor ofthe Sella wish respect to my goods which ere the Sella standard stock. No such termination shall relieve
the Purchmer or the Seller ofmy oftheir obligations as to my goods delivered hereunder.
Z CLAIMS FOR ADTUSTMENT.
Any claim for adjustment most be asserted within May (30) days from the date the change or mornmetion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warmnm that all goods sold hereunder shall have been produced sold, delivered and banished or strict
compliance with all applicable laws and regulations to which the goads m, subject. The Seller shall execute and
deliver such documents as may be.quirai to effect or evidence compliance. All laws end regulation required to be
imuoryoratd in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify, and hold she Purchaser harmless from all rods and damages sufferd by be Purchaser as a result of to
Seim failure to complywish sued law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written comment ofthe older party.
10. TITLE.
The Seller wmans full, clear and unmvided title to the Purchase, for all equipment, matetals, and in. famished
in perfomance of this agreement, fro and clam of my and all ham, mtrictione, reservations, secunry interest
encumbrances and claim of ohm.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dhec¢ the Seller to correct nonconforming or defective goods by a date W a agreed upon by the
Purchaser and the Seller, and the Seller therrafter indicates its inability or anwillingness as comply, the Purchaser
may can. be work m be pedmmed by the must expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Pmchmer and its contractors of my tier Item all liability and claims of any random
..)tang fora the paurcrounce afwch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend as the
directors, officers and amploym ofsuch parry.
The Sellers contractual obligations, including w'mnnty, shall not be deemed to be reduced, in my way, bemuse
such work u performed or mused to a performed by she Purchaser.
14. PATENTS.
Whenever the Seller is radical to me any design, device, maternal or Amass covered by liner, pmrnt, trademark
or copyright, the Sena shall indemnify and save handless the Purchaser from my and all claims for infingement
by mason of the use of such patented design, device, maternal 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 my time during the prosecution or after the completion of the work. In case said auipmen , or
any part thereof or the intended me of the goods, is in such it held to constitute infringement and the use of
said equipment or part is joined, to Seller shall, at its own expense and at its option, either procure for the
Parchment the right to continue ming said equipment or parts, replace the some with substantially equal but
noninfnnging aNdpmrn4 or modify it so it boroom nordinfringivg.
I S. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for dw benefit of creditors, appoint a
solecism Or truster for my of the Sellm property on business, this cola may forthwith a wattled by to purchaser without liability.
16. GOVERNING LAW.
The defnitirm oftems and or the interpretation ofthe agreement and the rights ofall ponies demander shall be
command under and gmamed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in taus where the Seller is to perform work heeunda,
including to services of Sellers Reprekentative(s), on the premises ofotars.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is illy completed east accepted, ad shall.
in rake of my aceidam, destruction or injury to the weak arWor materiats afore Sellers fdml completion and
acceptance, complete the work ar Sellers own expense and to the satisfaction of tbe Purchaser. Wan matarials
and quipment are famished by orders for installation or erection by the Seller, the Sella shall receive, rebound.
store and handle more at the site ad become responsible thmfor as through such materials and/or equipmms
were being fiunished by the Seller order the order.
18. INSURANCE.
The Seller shall, at his own expi nu, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the same in which the work is to be done. The Seller
shall also carry compechemive general liability including, but not limited m, command and amorrroblle public
liability announce with bodily injury and death limits of at least 5300,OOo fro my one Amon, SSW,000 for my
one incident and property damage limit per accident of S4W,0W. The Seller shall likewise require his
command, if any, m provide for such compensation and imumrme. Before my of tide Sella or his mndentors
employees shall do any work upon the premises of otlrer; the Sellershall Smooth to Purchase, with a andfiwte
that such compmarion and imumme have been provided. Such mtifrates shall specify thc date whim such
ompensntio r end insurance have been provided. Such ardfrwres shall specify she date when such compensation
ad insurance expires. The Seller agrees t as such compensation and commit, shall be maintained until after be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes Oe entire responsibility and liability for my and all damage, loss or jury of my kind
or nature whatsoever to persons or property causal by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers affirm, agents and employees from and against my and all claims, losses, damages,
charges or expense; whether direr or indirect, and whether to persons or property to which the Purchaser may
a put or subject by reason of my act, action, neglect, omissim or default on be part of the Sella, any of his
contmerors, or my of the Sella or conninlam ahem, agar¢ or employees. In case my same or after
proceedings shall be brought against fa Purchaser. or ion oficm, agents Or employees ere my time on..at Or
by ream of my act action, doglm, omission or default of the Seller of my of her contmmm or any of its or
their officers, agents car employees as aforesaid, to Sella baby agrees to assume the defense thereof ad to
defend to same in she Sellm own ini s me, to pay any rand all costa, charges, mormys fees and other expenses,
my ad all jdgmmm that may be incurred by or obtained against the Purchaser or my of its or their oRrers.
agents or employes in such suits or other procedings, and in case judgment or other lion be placed upon or
obtained against the property of the Purchaser, or said parties Or or as a result of such suits or other procedings,
the Sella will in once cause she same to be dissolved and discharged by giving bond or otherwise. The Seller and
his anicacfom shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard a safety including, but without limitation, the
Occuptioml Safety and Health Act of 1970 and all rules and regulations issued pursuant ram m.
Revised 09R014