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HomeMy WebLinkAbout496983 BOOT BARN - PURCHASE ORDER - 3215180City of .Fo_rt Collins Date: 01/12/2015 Vendor: 496983 BOOT BARN 4414 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215180 1012 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/1212015 Buyer: PAT JOHNSON 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 i 2015 Blanket Order Safety boots, jeans 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 10,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ;rI�] rchase Order Terms and Con Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fan Collins is exempt from state and local taxes. Om Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84�6000587 is registered with the Collector, of Imeme Revenue. Denver. Colorado (Ref Colorado Revised Stations 1973, Chapter 39.26, 114 fig Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in transit, may be rewired to you for credit and are not to be replaced except upon receipt of written grog ctions from the City of Fen Collins. Inspection. CAODS arc subject to the Ciry of Fon Collins impeetion on agrival. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and candido as Hai flare or delay in exercise any lights or remedies provided herein or by law, failure to promptly notify the Seller in do event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of my of by wananties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default herenridea nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser operate az a waiver of any of the terns hereof Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can r esult in 12. ASSIGN:. Nrr OF ANTITRUST CLAIMS. outhonaed payment on the pan of the City of Fog Collins. However, it is to be understood that FINAL Seller and the Purchaser remgniu that in actual economic practice, overcharges resulting from doutt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fan home by the Purchaser. Theretofore, for ngood rgscame and m consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms Shipments main be F.0 B., City of Fog Collins. 000 Wood St_ Fort Collins, CO 90522. uNess acquired order federal or state antitrust laws for such overcharges relating w the particular goods or seances otherwise specified on this order. If pemtission is given to prepay freight and charge s,.lel% the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mina accompany invoice. Additional charges for tacking will Trot be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaar directs the Seller to corner nonconforming or defective goods by a dare to be agreed upon by the expected from the nearest distdbudon point to destination and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller rhereafer indicates its inability, or unwillingness to comply, the Purchaser shipments are made firm Bremer distancemay cams the work to be performed by the most expeditious means available w it and the Seller Shall pay all costs associated with such work. Permits. Seller ahail picture at sellers sole can all necessary, farmers. cenificates and licenses required by all applicable laws, regulations, ordinances and rules of rare sate, mum opeliry, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Higher agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an ansimed or established violation of my such laws, regulationan s, mi mtes, rules nd requirements. Audg rivtion. All pages to His com. agree that the o presentetives are, in but. hones fide and possess full and complete audtonry, to bind said parties. LIMITATION OF TERMS. This Purcbare Order expressly limits acceptance to the terms and conditions oared herein sir foM and my supplementary, or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different worm and conditions proposed by seller are objected w Had hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediseely if you cannot make complete shipment to amve w your promised delivery date in 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 acre of the Purchasers including, without limitation, acceptance of paial late deliveries, shall operate m a waiver ofthis provision. H the event of my 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 cot be liable for damages as a result of delays due to causes not treasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acre of God, am of civil or military authorities, govermnentai priorities, fires, stakes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given w the Purchaser within five f5) days of the Line when the Seller first received knowledge thereof. In the event of my such delay, the data of delivery shall be worded for the period equal to the time actually low by reason of the delay. 3. WARRANTY. The Seller warnings that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seger agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wormy. The Seller shall replace, repair or make good, without cost in the purchaser, my defects or faults arising within one (1) year or within such longer period of time res may be prescribed by law or by due ranges of ens, appllable worrwry provided by the Seller alter the date of accelerate of the goods furnished hereunder faccepance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this wanmry. Except as otherwise provided in this purchase order, the 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 an event include loss of prof t or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purclower may make changes to legal rarms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Him legal terms, including additions w or dalmons firm the quwtiues originally ordered in the specifiatiorts or dmwings, by settle or written change order. If my such change nines; the amount due or the time often formance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to my or all Incisions of the goods then not shipped, subject to my equitable adjustment between the pains ar to my work or materials then in progress provided Heat the Purchaser she not be liable for my claims for wricipated profits on the uncompleted pinion of the goods and/or work, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with respect many goods which are the Sellers standard stock. No such termination she relieve the Purchaser or the Seller army of their obligations as to my goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for edjtsmern main be memod within Harry (30) days from Hie date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in wrier compliance with all applicable laws and regulations as which the goods are subject. The Seller shall execute and deliver such documents as may be required is effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorpomed herein by His reference. The Seller agrees ro indemnify and hold the Purchaser harmless firm all mots and damages sufered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or my monies due or to became dun hereunder without the prior written consent of the other Parry. 10. TITLE. The Seller wamts full, clear and unresMned tire to she Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of my and ell liens, restrictions, reservations, security interest encumbrances and claims mothers, The Seller shall release the Purchaser and its contractors of my Her from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend is, the dgaators, effects and employees of such parry. The Sella/s contractual obligations, including wanm, she not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller she indemnify and save harmless the Purchaser firm my and all claims for infringement by reason of the use of such patented deign, device, thermal or process in suggesting with the contract, and shall indemnify the Purchaser for my 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 equipment, or my pan thereof or the intended use of the goods, is in such suit held to consings 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 Ne Purchaser me right tp continue in, said ryuipmmt or pans, replace the same with substantially equal but wevinfdnging equipment or modify it so it becomes twninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hmkmpt make an assignment for the benefit of creditors, appoint a receiver or Invoice for my of the Sellers property or business, this order may foMvoth be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the imnpreation of the agreement and the rights scan pasties hereunder shall be constmed order and governed by the laws of the State of Colorout USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenatived), on the premises ormsers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mail Het same is fully compined and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work ar, Sailers own expense and to the misnomer of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, trained, store and handle same ar the said and become responsible therefor as though such materials wrong equipment were being furnished by Ne Seller order the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment efworkers compensation, including occupational disease benefits, to its employees employed on or in connection sods the work covered by this purchase order, mdbr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shell also carry comprehensive general liability including, but not limited to, wntmctual and automobile public liability insurance with bodily injury end death limits of at least E300,000 for my one person. $500,000 for my one accident and property damage limit per accident of P00,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of me Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compositions and imurence have beam provided. Such certificates shall specify the date when such compmmuon and Lngragrace expires. The Seller agrees Heat such cumpemauon and insurance shall be maintained wail after, the stile work is camplered and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whaaoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and bold hismal the Purchaser and my or ell of the Puchasers officers, coma Had employees firm and against my and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property an which the Purchaser may be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contactors, or my of the Sellers or contractors officers. agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Hie defense thereof and in defend the same at are Sellers own expense, to pay my and all msa, charges, avoroaya fees and other expenses, my and all judgments then may be incurred by or obtained against the Purehaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cave judgment or other Him be plated upon or obtained against the property ofthe Purchaser, or said pasties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take Al safety precautions, frnish and install all guards necessary for the mmout an of accidents, comply with all laws and regulations with regard w safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ndes and regulations issued pursuant therein. Revised 07Ro14