HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 9140376Fort Collins
Date: 0110912015
Vendor: 120140
VARSITY FACILITY SERVICES
3720 W 72ND AVE
WESTMINSTER CO 80030
PURCHASE ORDER
PO Number Page
9140376 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/14/2014 Buyer: PAUL, GERRY
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
3 Transfer funds to 070
4 Tranfer funds from 072
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 For( Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
1 LOT EA
1 LOT EA
-790.00
790.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Twins and Conditions
Page 2 of 2
I. COMMERCIALDUAIIS.
Tax exemptions. By astute the City of Fort Collins is exempt Ram state and local lazes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Exam Tax Exemption Cenificae of Registry 84-6000587 is registered with The Collision, of
Failure of the Purchaser to insist upon strict perfotmand, of the terms and coaditions not failure or delay to
Internal Re+muc, Deaver. Colorado (Ref Colorado Revised Septum 1973, Chapter 39-26, 114 (a),
exercise any righn ar remedies provided hereto a by Izw, failure m pmmp0y notify the Seller in the even, of a
breach, Be a melee rce of. Poymma fagoods hereunder or approval of the design, shall net release The Seller of
Goods Rejeesed. GOODS REJECTED doe to failure ro meet speeificatiens, eider whom shipped or due to defects of
any of the warranties or obligations of this pwcbsse order and shall sal be deemed a waiver or my right of the
damage in mesh may be resumed to you rid credit and are nor m he replaced except upon receipt of wrimm
peucla ser to insist upon stria performance hereafer any of. rigba or remedies as to any such good, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as 10 any prior or mbsequoml &fault heremmer, nor shall any puryoned
pal mndiieation or rescission of tis purchase order by the Pumh⢠^ operate as a waiver of my of the mans
Inspection. GOODS are subject to The City of Fop Collins inspection an arrival.
M1eoof.
Final Acceptance. Receipt of The merchandise, serve or equipment in response to This order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
amhotiard paymcm on de pan of The City of Fan Collins. However, it is to be anderslond Out FINAL
Seller and the Purchaser recognize tat in actual economic practice, overcharge resulting from anturmt
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure,
violations are in fact home by The Purchaser. Theremfrm, for good cause and as consideration for executing This
purchase order, the Seller hereby assigns to Be Purchaser any and all claims it may now have or hereaier
Freight Tern. Shipments must be TOM, City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal a state mribud laws for such odr ch er es relating to the particular Goods ar sparvices
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Produced pursuant to This purchase order.
bit most accompany invoice. Additional chances for packme will not be accepted.
Shipment Distance. Where manufacturers have dishibming paints in various pans of the Today, shipment is
expected from the nswi distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater doctors.
Permits. Seller shall praurc at sellers sole cost all ucessary prnnits, cenifidotes and licenses required by all
applicable laws, ml,.Wimp, afina. and rules of de spite, municipality, morory or political subdivision where
de work is performed, or required by any other duly darmaged public authority havingjerisdictim over Be work
of vendor. Seller further agrees an hold Be City of Fort Collor harmless from and against it liability and loss
incurred by them by reams of an assured or established violation of my such Jr., regulations, admances, rates
and requirements.
Aud rrivtion. All parties to This contact agree That de repreaentntiver arc, in fact, bum fide and possess full and
complde authoriry to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance To the terms and conditions stated
herein set forth and any supplementary or additional terms and rani ilium annexed hereto or incorporated herein by
reference. Any additional or dilTemm admix and condtimu rearward by actor arc objdmd ra and hereby reje,ed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery date as noted. Time is of the essence. Delivery and performance 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 of partial lam deliveries, shall opdnm as a waiver of this provision. In the event ofany 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 Seller shall not be liable for damages as a result of delays
due to causes not reammbly foreseeable which are beyond its reasonable central and without its fault ofnegligence,
such ruts of God, acts of civil or military authorities, govdnmmtal priorities, fins, strikes, Rood, epidemics, wars or
Tints provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of de
time when the Seller first received knowledge thereat. In red event of my such delay, The dame of delivery shall be
extruded far the period cgml to the Time mostly let by ream. areas, delay.
3. WARRANTY.
The Seller wartants that all good, articles, nateriah, and work covered by This area will conform with applicable
drawings, specifications, sample maker other dacripliorks given, will be fit for the PurPases intended, and
Performed with the highest degree of care and cempctence in mcor&rrce with accepted standards for work of a
similar mature. The Seller agrees to hold the purchaser harmless form my loss, damage or expense which The
P uchssd may suR a incur on.count fthe Sellers breach ofwartenty. The Seller shall replace, repair or make
good, without cost to The purchauq my defects or furl¢ nursing within one (1) year or within such longer period of
time as maybe pmscribrd by law or by The morn of my applicable warranty provided by the Seller add the date of
acceptance of the guests fumished hereunder (aciparautt not to be unreamrably delayed), resulting form imperfect
or defective work done or materials thousand by The Seller. Acceptance or use of goad by the Purchaser shell not
constitute a waiver of my claim under This wamdy. Except as otherwise provided in this purchase order, de Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or lass 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 terms by women change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to The mare, other Than legal toms, including additions to or deletions from
the qumtitm not ordered is the specifetw ors ar drawings, by vabol or weapon change order. If my such
change aRecm de normal due or the time ofpafermana hereundd, an equitable adjsstment shall be made.
6. TERMINATIONS.
The Forehand may at any time by wrinm change mid, tdmimm this agmmmerat as to an or all portions of Be
good then not shipped, subject to my equitable ndjumn,mt between too, parties as to any work or materials ten in
progress provided that de Purchaser shall not be liable for my claims for anticipated pmfia on The drampletrd
portion of the goods anNor work, for incidenal or tar studdral damages, and that no such adjustment be made in
favor ergo Sell, with respect to my good which am The Sellers starched stork. No such emripmen shall relieve
the Purchaser or the Shcd army afdeir obligations as to my good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within flurry (30) &ys from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller w.... is that all good sold hemundd shall have been produced, cold, deivded and famished in strict
compliance with all applicable laws and Topmatia w to which the goods are subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incarlorsted in agreements of this character are hereby indamrsted himin by this reference. The Seller agrees to
indemnify and hold The Purchaser harmless from all casts and damages suffered by the Purchaser as a result of Be,
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, rmtssfer, or convey this odd, or my monies due, or to become due Mrtundd without The
Our wrimm cemomt of the other pony.
10. TITLE.
The Sella warrma full, clear and mentioned! tine to the Purchaser for all ampmmrt, materials. read items fumishnd
a pdfomtance of This agreement, From and clear of my and all Item, res.ieliana .lions, smoriry interest
encumbrmces read claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases dimets the Seller to torte, nonconforming a defective good by edam In be agreed upon by The
Purchsscr and the Seller, and the Seller Thereafter indicates its inability or unwillingness to comply, The Purchaser
may cause the work to be performed by de most expedtims memo available to it, and the Seller shall pay all
costs awnwiaud with such work.
The Seller shall release did Purchaser and its contactors of Tiny tic from all liability and claims of any idiom
resulting form the Im-ficmsece of such work.
This mlmse shall apply even in the come of fault of negligence of de party released and shall extend to The
dircdms, oMr. and employees ofshTh pray.
The Seller's contmnml obligations, including wautmW, shall not be dared to be reduced, in my way, because
such work is performed or caused to be Performed by The Purchaser.
14. PATENTS.
When vd the Sella is required to use any design, device, material a process covets by lead, proper, trodema&
or copyright, the Seller shall indemnify and save harmless Be Purchaser form my and all claims for infringement
by reason of de use of such patented design, device, marnal or proress in connection with the come,, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reamn of mesh
infringement at piny time during the persecution or after 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 equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or part, replace the same with submannally equal bur
noninfringing equipment, or modify it m it becomes noninfnnging.
15. INSOLVENCY.
If do Seller shall become insolvent ar baN;mpt, make an assignment for The homed of ,edam,, appolnl a
appower or gramme far any of the Sellers property or business, this order may feMwiN be canceled by de
Purchaser without liability.
16. GOVERNING LAW.
The definitions oFla. used or the im,presarii n ofthe one. and the rights ofull parries hdcmdd shall be
mmuved order and pyourn l by the laws ofOe Sale ofColondo, USA.
The following Additional Conditions apply only or doses where the Sell, is to perform work hemunder
including the service of SellersRelprommitive(s), m de premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shill carry on said work at Sellers own risk tool The same is fully completed and mcmrpd, and shall,
in au of my accident, destruction or injury to the work maker materials before Shccls Gel completion and
mceptance, complete the work at Seller's own expense and to The satisfaction of the Purchaser. Whom materials
and equipment am furnished by others for installation or dectim by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become Temperable Therefor as though such materials anchor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for The payment of workers compensation, including occupational
disease benefice, to its employees employed m or in connection with the work covered by this purchase order,
anchor to their dependents in accordance with The laws of The state in which Ore work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, empirical errs automobile public
hooray insurance with bodily injury and death limits of on lead S300,000 for my core Farm. 6501000 for my
one accident and property, damage limit per accident of S000,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of de Sellers or his cono-ecmrs
employees shall do my work upon to premises of others, the Seller shall f ish the Pmcbeard with a certificate
east such compensation and insurance have been provided Such anificato shall specify the due when such
compensation and insurance have been provided Such ceTTificates shall specify the date when such rompers don
and insurance expires. The Seller squids quit such compemaim and insurance shall be mainmined until after the,
catire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sssum¢ The entire responsibiliry and liability for my and all damage, loss or injury army kind
r ,rum whatsoever to persons or property capped by or resulting form the execution orde work provided for or
This purchase order or in come,ion herewiTh. The Seller will m&trutify end hold harmless the Purchaser and my
r all of the Purchasers officer, agents and employees from and against my and all claims, losses, damages,
charges or expenses, where, direct or iodine,, and whether to persons or property to which The Punctuator may
be put or subject by reason of my act, action, neglect, omission a defaull oa the pm of the Seller, my of his
contractors, or any of the Sellers or contracmrs ofirds, agents or employees. In case any suit or other
proceedings shall be brought against the purchase, or is wficros, agents or employees at any time on account or
by reason of piny act, action, neglect, omission or default of Be Seller of any of his contractors or any of in or
their officers, agents or employees as afaremid, The Sella hereby agrees to assume the defense thereof and as
&fend The same at the Sellers awn expense, to pay my and all costs, charges, a romeys fees and other expenses,
my and all judgments that may he induced by of obtained against The Purchaser or my of its or their officers,
agents or employees in such suits of other proceedings, pad in case judgment or other lien be placed upon or
obtained against the property, of the Purchaser, or said parties in or as a result ofmch suits or other prcoeedmgs,
The Seller will m ono mum the same to be dissohted and discharged by giving bond or otherwise. no Solid and
his cappereas shall take all safety precmriona, Finnish and usnpill all gwvd ndesary far the prevenrion of
accidents, comply with all laws and regulations with regard to safety including, but winner limitation, the
O,mpeimad Safety and Health Ad of 1970 and all rules end pulmho on, isued pursuant thereon.
Revised 07R014