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HomeMy WebLinkAbout445620 SAI TEAM SPORTS - PURCHASE ORDER - 3215059PO PURCHASE ORDER 321505er Page rClty of PURCHASE 059 1012 ' `tCollins/ This number must appear ` �.I on all invoices, packing sli s and labels. Date: 01/05/2015 Vendor: 445620 Ship To: PARK MAINTENANCE SAI TEAM SPORTS CITY OF FORT COLLINS 6844 N FRANKLIN AVE 413 S BRYAN LOVELAND CO 80538 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 2015 Annual 1 LOT LS 15,000.00 Sport supplies & equipment 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:purchasingQofcgov.com Total $15,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO $0522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt From store and lad taxes. Dow Exemption Noumea is I I. NON WAIVER. 98-04502. Federal Esciu Tax Exemption Crnificme of Registry R4L000587 is registered with the Collator of Failure of the Purchaser to insist upon strict pet psomer a, of the terns and conditions hereof failure or delay m too—[ Revenue, Denver, Colorado (Ref Colorado Revised Smmtes 1973, Chapter 39-36,114 (a). exercise any rights or remadies Provided herein or by law, failare to promptly notify the Sella in the event of a breach, the swerptance ofor payment for goods hereunder or approval ofthe design, shall not ml. the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifwtionss, either when shipped or due to defects of any of the warranties in obligatioes of this purchase order and shall our ha dermed a waiver of any right of the damage N wool, may be ousnmd to you for credit and are not Or be replaced except upon cream of wxiwen purchaser to imist upon select performance her sofor any ofirs rights orremWies ex to my such good, regardless inswctlom from the City of Fon Coleus. of when shipped, received or accepted, as to any poor or subsequent &fault haaruder, nor shall any pmponed coil modification or rescission of this purchase order by the Purchaser opro e as a waiver of my of this terms Inspection. GOODS are subject to the City ofFmt Collis impaum nn arrival. hereof. Final Acceptance. Rat of the merchandise, services or equipmml in wipome to this maker an resell, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authatered payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Sc1Im and the purchaser recognize that in xtual economic practice, overcharges resulting firmer entiurut ACCEPfANCE is dependent upon complawn of all applicable nquind inspection procedures. violations are in fact home by the Purchaser. Thadmism, for good cause and as coruideradon for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may new have or heratkr Freight Temw. Shipments most be F.O.B.. City OfFon Collis, 900 Woad Sr, Too Collins, CO 80533, unless aanword under federal nr state it., laws for such teachers. relating to we particular good or novices otherwise specified on this Omer. Ifpamission is given m prepay Freight and charge separately, the original freight purchased or acquired by we Purchaser pursuant to this purchau coda. bill most accompany invoice. Additional charges for packing will not ne accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disherm. Wbere manufacturers have d¢tribming points in various was of the country, shipment is Ifthe Purehasa directs rise Sella to comet nonconforming or defective good by a date to ha agreed upon by the expected from the nearest distribution point m dro wtion, and excess flight will ha ddudd from Invoice when Purchaser and the Seller and the Seller thereafter indicates its insbiliry w unwillingness to comply. the Pumhaser shipments are made flow greater distance. may cause the work to be performed by the most expeditions memo available m it, and fie Sella shall pay all msrs associated will, such work. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules mthe state, municipality, media, or poliliew subdivision where The Seller shall release the purchaser and its convertors of any tier film all liability and claims many nature the work is performed, or required by any other duly constiNkd public authority havingjurisdiction ova the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless From and against all liability, and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles This release shall apply even in the event of fault of negligence of the party released and shall extend to fie and ruptiman w dow,wo, olbecrs and employees ofsuch party. Authorization. All parries to this convect agree fat the repowenUtiew are, in fact, bona fide and possess full and The Sella's contractual obligntionse, including warranty, shall not be dameal to be reduced, in any way, because omplete awhomy to bind said parries. such work is performed Or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Omer expressly limes acceptance to the terns cord conditions stated herein set fond and any supplementary or additional terms and conditions srmmum hereto or incorporated Karin by reference. Any additional or different terns and condhiom proposed by seller art objecrod to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifym cannot make complete shipment to active on your promised delivery date m noted. Time is of the assma. Delivery and performance most he effected within the time stated on the purchase Omer and the documents studied harem. No was of the Purchasers including, without limiauon, acceptance of partial late deliveries, shall operate m a waiver ofwis provision. In the went ofmy delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shop m, ha liable for damages as a result of delays doe to wastes not reawwbly foreseeable which we beyond its reasonable couwl and without its fault of mg]igence, such acts of God, cos of civil m OFIiury authorities, gcommmental prionifes,firms, strikes, flood, epiduties, wan or riots provided flat notice of the emlditioni causing such delay is given Or the Parchua within five (5) days of the time when the Sella first received knowledge wcrcof. In the corn, of any such &lay, the date of delivery shall be extended for the period crud to we time uctually lost by sawn afew delay. 3. WARRANrY. The Seller warrants For all goods, articles, rwterms and work raver d by this order will confmrm with applicable dawings, specifications, wmplex and/or other dexeriptiores given, will ha fit for we purposes intended, and performed with the highest degree of can and competence f acmmance with accepted standmd for work of a similar nature. The Seller agrees to hold the purchuer harmless Bum any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wawnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fauns arising within one (I) year or within such longer period Of time as may be prescribed by law Or by the terms Of any applicable warranty provided by the Sella after the date Of acceptance of the good furnished hereunder (acceptance not on be movssorably deleyed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall no, constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ordem the Sellers liability hamnder shall extend to aI I damages pmxinaraly earned by the breach of any of the foregoing warranties or guarantees, but such Iiabil ity shall in no event include lass 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 changes t0 legal arms by wriwrn change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any changes to the trims, other than legal terms, including additions to or dcldiom from the qunmides urinary ordered in we specifications or drovings, by verhat or written change order. If any such change affecu the amount due or the time ofperformance herachader. an equitable adjwmmnt shill be node. 6. TERMINATIONS. The Purchaser may m any lime by wdaan change miler, temdaate this agnammt as to any err all Famous of the goods that rat shipped, subjea to any reliable Wjuswnm, havens tha parties as to any work or materiel, earn in progress provided that the Purchaser shall not ha liable for my claims for anticipated pwfts on we ummmplesed ponim of eha good candler work, for incidental Or caricatured discounts, and war m such ndjpwment be mode in favor of the Sella with roPect to any good which me the Sellers standard stock. No such nomination shall relieve we Purchaser or the Sella ninny oftheir Obligations w in my good delivered bereuu&r. T. CLAIMS FOR ADJUSTMENT. Any claim for adjnawent most ha assened within thimy (30) da, from the date the change m momentum is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants war all good sold hereunder shall have been produced, sold delivered and Finished in strict compliance with all applicable laws and regulwae, to which the goad are subjaL The Seller shall execute and deliver such doe Ins as cony be capital to effal or evidence compliance. All laws and regulations required to be incorporated in agreemrns of this character are hereby incorporated herein by Ws reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this oakeq or any mmies due or to become due hereunder without the prior written consul nfthe office party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. Ira and clam of my and all lien, restrictions, resrfi ations, memory interest encumbrances and claims 0f mhers. 14. PATENTS. Whearver the Seller is requited to me any design, device, material or process covered by terser. tent. trademark or copyright, the Seller shall indemnify and save harmless the Purchases from my and all claims for infringement by reason of the we 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 ofsuch impingement to any time during the ptosavtion or after the completion of the work. In case said equipment, or any pm thereof or the intended use of rise goods, is f such suit held to consumer infringement and we use of said equipment or pan is enjoined, the Sella shall, al is own expense end a its option, either procure for the Purchaser the right to continue using said equipment or pans, replan the same with substantially equal but mninfringing equipment. or modify it w it become mninflinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an amignenml for the benefil of aedion, appoint a recerver or bounce for any of the Sellers proper or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftrnm used or the interpretation ofthe agreement and we rights of WE parties hernmda shall e censored order and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in nows where the Seller is to perform work haticadw, including the servicesmSellers Represenulivc(s), on Remounts ofotheo. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Series own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to fie work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases When materials and alternator arc Furnished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though well materials raper equipment were being furnished by the Seller under the Omer 18. INSURANCE. The Seller shall, at his own experts,, provide for the payment of workers compensation, including occupational disease barefs, to is employees employed an Or in connection with the work covered by this purchase order, andmr to their dependents in accordance with the laws of the spite in which the work is to ha dorm. The Sella shall also worry comprehensive grovel liability including, but not limited On, contuctoal and automobile public liability insurance with bodily injury and death limits of at learn 53 W,IXp for my one person, $300,000 for any one accident vat property damage limit per accident of S400,000. The Sella shall likewiw require his evolution, Busy, to provide for such compensation and iauerrcr. Before my of tha Sellers or his evenno ems employees shall do any walk upon we premiss of ohers, the Seller shall furnish the Purchaser with a cenificate that such comperwtim and insurance have been provided. Such cenificares shall specify she date when such compeKmim and imuaance have been provided Such overrates shall specify the dam when, such mmpersnom and insueme expires. The Sella agrees done such compensation and immmce shall be numerical .61 after the emine work is completed and warned, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sala hereby assumes the entire responsibility and liability for fly surd all damage, two m injury army kind in wture whatsmver m persons Or property would by m resulting from the execution ofthe work provided for in this purchase maker or in contortion herewif. The Sella will indemnify W held hornless the Purchaser and any or all of we Purchasers officers, agents and employees fiord and against any and WE claims, losses, damages, charges or expenses, whara direct or indima, and whether to panne Of property to which we Purchaser may be put or subject by reason of my acf action, neglect, omission or default on the Pan of the Seller, my of his twormtors, or my 0f the Sellers or contractors officers, agents cr employers. In case my suit or other proceedings shall ha brought efaimt the Purehasa, or its olfian, agents or employers at any time on mmunt or by sawn of my act, action, neglect, omission or default of the Seller of my of his commercial or my of its or their oBicers, agents err employers as efinewid, the Sella hereby agrees to assurm the ddeme thereof and so defend the same at the Sellers own expense, to Pay my and ell cosy, cleargra, attomrys fees and ofer expenses, my and all judgments that may be incurred by or obuinal against the Purchaser or any of its or weir slicers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the propaty offie Pumbase r, or said parties in or in a mull of such sues or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherw err. The Sella and his contractors shall take all safety precautions, Finish and install WE guard necessary, for the prevention of incidents, comply with all laws and regulations with regard 0 safety including, but without limitation, the Compendium] ] Safety and Health Act of 1970 and all rules and regulations issued pursumt thrown. Revised (Un014