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HomeMy WebLinkAbout440353 GOLF & SPORT SOLUTIONS LLC - PURCHASE ORDER - 3215058PO PURCHASE ORDER 321505er Page City. of 3215058 1of2 ' `t Collins Ins This number must appear ` V ` on all invoices, packing sli s and labels. Date: 01/05/2015 Vendor: 440353 GOLF & SPORT SOLUTIONS LLC 22455 WCR 49 LA SALLE CO 80645 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/05/2015 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. Line Description Quantity UOM Unit Price Extended Ordered - Price t 2015 Annual Turf and turf supplies 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 1 LOT LS 30,000.00 Total $30,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By amate the City of Fort Collins u exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Eacisc Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of I.e.[ Revmuc. Drnva, Colorado (Rat Colorado Revised Staahs 1973, Chapter 39-26, 114 (a). Goads Repeal. GOODS REJECTED due a futtue an nice, specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and are cot to be replaced except upon receipt of women instructions from the City of For Collins. Inspection. GOODS art subject to the City ofFord Collins inspanm can novel. 11. NONWAIVER. Failure of de Purchater to insist upon strict perfmmmce of the it. and conditions hereof, failure or delay to exembe my rights or remedies provided herein or by law, (edam to pmmpdy nosy the Seller in the event of is bo ach, fits, acceptance ofor pymmt for goods heremder or approval ofthe design shall not release the Sella of any of the wamnties or obligations of Nis pmchau order and shall not be deemed a waiver of my right of the purchaser in insist upon stria performance hereofer my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any poor or subsequent default Immoder, tar shall my appeared ond mdifation or restriction of this purchase order by the Purchaser operate as a waiver of my of the Wool heeof. Final Acceptance. Receipt of the merchandise, services of quipmmt in response to this order an overall in 12. ASSIGNMENT OF ANTITRUST CLAIMS. somenisd payment on the pan of the City of Fins Collins. However, it ex to be understood that FINAL Sadler and the Purchase( recognize that in actual a is proare, evemmi resulting from antinmt ACCEPTANCE isdependent upon completion ofall applicable required inspection procedures, sialiums are in fact bane by the Purchaser. Theretofore, for good coose and u consideration for amccumg Otis prchase other, the Seller hereby assigna to the Purchaser my and all claims it may now have or herea0er Freight Tears. Shipments most be F.O.p., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unlest acquid under facial or state mtimsst laws for such overcharges relating to the Particular good or services otherwise specified an this codes, if,annia tar, is ghee to prepay fight and charge separdtelY. the original freight purchased or acquired "a, Purchaser gasumr to this purchase order. bill most accompany invoice. Additional charges for packing will can be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in venom pans of the compy, shipment is Ifft Purchaser directs the Sella to aspen noneonf ing or defective goods by a dare to be agreed upon by the expected from the armed distribution point to destination, and excess freight will be deduced from Invoice when Purchaser and the Seller, and the seller thereafter indicates its inability or unwillingness to comply, the product shipments are made f greater distance. may cause the work to be pobmoed by the most expeditions meana available to it, and the Seller shall pay all costs associate with such work. Permits. Seller shall procure at sellers sale cost all necessary pnmin, certifates and licensve required by all applicable laws, regulations, ordinances and ales ofthe sat" municipality, mpitory or political subdivision where The Seller shall release the Purchaser and in mntmears of my tier from all liability and claims of my nature the .,it is parforna, or required by any other duty coaslimmd public sufodry havingjmiaiction over the work resulting from the pall m unce of soh work. of vendor Seller further ,as to hold the City of Fort Collins hornless Gom and against all liability and loss incurred by them by reawn arm asserted or established violation of my such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party released and shall extend on the and requirements. directors, officers and employees ofsuch pang. Authoritarian. All parties to this contract agree that the representatives are, in fact, hour fide and possess full and The St contmcml obligations, including warranty, shall not be deemed to be dined, in any way, because complete erathonty to bind said por such work is Performed or a axed to be perforated by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sod herein rat both and any supplementary or additional terms and conditions massed hereto or incopooded herein by reference. Any additional or different terms and conditions propad by seller are objected to and hereby jeered. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date u noted. Time is of fie counce. Delivery and performance must he effaced within the time stated on the purchae order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate in a waiver of this provision. In the event army delay, the Purchaer shall have, in addition to other legal and equitable remedies, the option of placing this area elsewhere and bolding the Sell. liable far damages. However, the Sella shall not be liable for damages as is result of delays due in causes net reasonably foreseeable which are beyond ita reasonable control and without its full ofnegligence, such acts of GA, cars of civil or military authorities, govemmenal p000ties, fees, shakes, flood, epidemics, wars or rows provided that ounce of the conditions coming such delay u given to the Purchaser within five (5) days of the rime when the Sella first received knowledge thereof In the event of my such defy, the date of delivery shall the, extended fro the period qml to the doe acaally tan by reason of the delay. 3. WARRANTY. The Sella warrants that all good, articles, mmeoals and work coved by this order will emblem with applicable drawings, specifications, samples anther all descriptions given, will be fit for the Primerica, intended, and Performed with the highest degree of rare and competence in nccordame with accepla warrants for work of is molar nature. The Sella agrees to hold de purchaser harmless f my loss, damge or experue which the Purchaser may suffer or incur on account of the Sellers breach of awarr . The Sellershall replace, repair ew make Road. without and to the purchaser, my defects or fmin arising within me (1) year of within such longer period of time is cosy be p.1,rd by law or by the terra of my ,liable warmnry provided by the, Seller ether fie doe of acceptance of the goods l isha hereunder (acceptance not a be uureuombty delayar, resuhing from impartial or &fair, works done or materials fumished by the Sell.. Acceptance or me of goads by the Furchnser shall not consulate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability locram a shall extend to all Among. proximately read by the breach of my of fie foregoing wrrmantica or guarantors, but such liability shall in no event include loss ofpmfin or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by wrimen change order S CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temp, including addition to or deletions from the quantities originally ordered in the spai fcatiom or drawings, by verbal or wntrcn change order. If any such change affects the amount due or the time ofperformmce herenda, an equitable adjustment shell be made. 6. TERMINATIONS. The Purchaser may at any time by worn change odq terminate this agreement as a my or all portion of the good then not shipped, subject to my equitable adjustment between the posies u to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for moripmed profits on the uncompleted Portion of fie good maker work, for incidental or consequential damages and that no such mijmtment be made in favor ofthe Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as in my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be acacer d within thirty (30) days from she date fie change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold heremdef shall have been produced, sold, delivered and furnished in snort compliance with all applicable laws and minimum a which the good are subject The Sella shall execu¢ and deliver such documents as may be required to effect or evidence compliance. All laws and regulations recruited 0 be incorporated in agreement of this character are hereby incorporated harem by this ref ce. The Sell. agrees to iodcmniy will hold the, Purchaser harmless from ell costs and damages infrared by the Purchase as a result of the Series failum to compy with such law. 9. ASSIGNMENT. Neither pan,, shall assign, hauler, or convry this order, or my marries doe or to become due hereunder without the prim writu n.1 of the other parry. 10. TITLE. The Sell. wamnes full, clear and umeoded fide to the Purchaser for all quipma . materials, and item fomisha in performance of this agreement, free and clear of my and all liens restrictions, reservation, security interest mcumbrences and claims of others. 14. PATENTS. Wivaever the Seller is required a me any design, device, material or proceu coved by lane' patent, trademark or copyright, the Seller shall indemnify and wave harmless the Purchaser Gom any aad all claims for infringement by remain of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged a pay by reason of soh infringement at my time during the prosecution or after the completion of the work In case said equipment, or any pan thereof or the intended use of fie goad, is in such suit held to cotamore infringement cord the ux of said equipment or pan is enjoined, the Sella shall, in its own expense and at its option either procure for the Purchaser the right to continue using said equipment or pans, replace the same wit substantially equal but mminfnnging equipment, or modify it so it becomes nooinGrsging. 15, INSOLVENCY. If the Sella shall become insolvent of hmkrupl, make an assignmeas for Ne benefit of creditors, appoint is receiver or ante, for my of the Sellers progeny car business, this order may forthwith her canceled by the Purchater without liability. 16. GOVERNING LAW. The defnitiona ofternes used or the interpretation order agreement and the rights ofall posies hereunder shall be irestrsted trader ea governed by the laws of she Sale ofColonka, USA. - The following Additional Conditions apply only in cases where she Sella is to perform work latecomer, including the services ofsellas Represenative(s), on the promises o rothers. 17. SELLERS RESPONSIBILITY. The Sella shall carryon said work at Sellers own risk until the same is filly complete and acceptor, and shall, eau of my natural, destruction or injury to the work odor tmterids before Sellers final completion and acceptance, complete the work in Sellers own expcue and to the sadsfactim of the Purchaser. When materials mJ quipmrnt are furnished by others far inealftian or esarim by the Sella, the Seller shall receive, unload. store and handle same in the site and become responsible thore[or as though such marmnals ardor qupmms were being( iaha "a Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for fie paymant of workers compeuatim, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase under, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty, comprehensive graccal liability including, but not limited to, conhactml and automobile public liability insurance with hardily injury and death limits of at lent 5300,000 for any me person, $500,cou for any age accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Be[ my of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall fiunish fie Purchaser with a certificate that such compmetudion and insurance have been provided. Such certificates shall specify the date when such a mpeasation and insurance have been provided Such certificates shall speedy the date when such compmartion and insurance expires. The Seller agrees fit such compensation and mannowe shall be maintained until after the entire work is complete aad acceptor. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby enumcs the entire responsibility cord liability far my and all damage, loss or injury of my kind r mare whatsoever a persons or property caused by or resulting from the execution ofthe work provides for in this purchase order in in connection herewith The Seller will indemnify and hold hanmless the Purchaser and my or all of the Purchasers alBc cos, agents and employees from and against my and all claims, losses, darmges, charges or expenses, whava direct or indirect, and whether an persons or property to which use Enchanter may be put or subject by reawn of my act, action, neglect, omission or default on the pan of the Sell., my of his orrosi on, or my of the Sella in contractors officers, agents or employes. In are any suit or order proceedings shall be brought against the Purchases, or its .Bari, agents or cam loyeve at any rime en account or by reason of my act, action, neglect omission or default of the Sella of coy of his commdoes or my of in or their oRce.. agents for employees as aforesaid, the Sella hereby agrees to actuate the dirt thereof and to defend the same at the Sellers own es'em, to pay my and all cans, charges, attomrys fro and other exporter, my and all judgments that may be incurred by or obtained against the Purchnser or my of its or their officers, agents or employees in such suits or other proceedings, and in case jagmrnl or other lien be placed upon or obtained against the propnry ofthe Purchaser, or said Parties in or as a cads of such ruin or other proa rdiags, the Seller will in once rouse the sae to be dissolved and discharged by giving bond m otherwise. The Sella and his contmdors shall take all salary preaction, finish and bond all guard vaessary for the prermtion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and reguntims issues prammt thereto. Revised O72014