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HomeMy WebLinkAbout107722 NEVE'S UNIFORMS & EQUIPMENT - PURCHASE ORDER - 9150280of Fort Collins Date: 01/14/2015 PURCHASE ORDER Vendor: 107722 NEVE'S UNIFORMS & EQUIPMENT 5120 OSAGE ST SUITE 200 DENVER CO 80221 PO Number Page 9150280 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Blauer Reversible Duty Jackets 1 LOT LS 8,176.24 2 Blauer Reversible Duty Jackets 1 LOT LS 12,308.50 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.com Total $20.484.74 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEFAILS. Tax exemption. By statute the Ciry, of Fort Collins is exempt from sate and local more. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cereifiwe of Registry 84 6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rcjectd. GOODS REJECTED due to failure to meet spaification, either when shipped or due to defects of damage in .-it. may M rttumed to you far credit and arc rut to be replaced except upon receipt of wdnm communities fnm the City affair Collins. Inspection. GOODS are subject to the City ofFort Collin inspection on arrival. Final Acceptance. Receipt of the merchandise, services Err equipment in response to this order eon result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Too Collins, 900 Wood St., Too Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accomoanv invoice. Additional charges for Docking will not be acceotN. Shipment Distance. Where manufarntrcrs have shamming points in various pans of the country, shipment is expected from the muse st dissolution no to deadntim, end esceaa freight will M deducted f Invoice when shipments are made from greater disarm. Permits. Seller shall procure at sellers sale cost ell necesmry porous, unificann and licenses required by all applicable laws, regulation, ordinances aM tales of the suite, municipality, territory or political subdivision where the ..,it is performed, or required by any other duly constituted public authority havingjunsdiriun aver the work of vendor. Seller tanner agrees to hold tar City of Fort Collin harmless from and again, all rabidity and loss caincurred by them by reason of an assured or established violation of any such laws, regularime, ordinances, ales d requir meats. Amhorision.. All ponies to this contraer agree that the ce,meentmives arc, in fan, bona Erie and possess I101 and complete col only to hind said parties. LIMITATION OF 'PERMS. This Purchase Order expressly limits acceptance to the terms and conditions stored herein set fcult and any supplementary or additional terms and conditions warexed hereto or incorporated herein by reference. Any additional or dilferenl it., and conditions proposed by Belle, are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essmce. Delivery and performance main be effected within the time stated on the purchase order and the documents attached Former. No acts of the Purchasers including, without limitation, acceptance official late delivedw, shall Bloom, as a waiver of Pis provision In the event of any delay. the Purchaer shall have, is addition to other legal end equitable remedies, for option ofplacing 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 mtaus nor reasonably foreseeable which are beyond its reasonble control and without its fault of negligence, such acts of Gad, arm ofcivil or military authontiw, govemmarml grannies, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions caning such delay is given to rise Purchaser within Gee (5) days of the time when the Seller first received knowledge the cif. In the event of any such delay, the dare of delivery shall be extended for the period equal to the time actwlly dos by nown c f the delay. 3. WARRANTY. The Seller warrants 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 standard for work of a similar nature. The Seller agrees to hold the purchaser harmleas from any lass, damage or expense which the Purchaser may stiffa, or incur im aOre. of Ore Sellers breach of waoan,y. The Seller shall replace, repair or make good, without coat to the purchaser, any defecrs or faults arising within one (1) year or within such longer pedal of time m may be presenbd by law or by the neon of my applicable warranty provided by rise Sellcar after nine date of acceptance of the goods fumishd beremaler (xceptience non to Be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by Os, Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim trader Nis warranty. Except n otherwise provided in this purchase order, But Sellers liability hereunder shall extend a all damages proximately canned by the breach of any of the foregoing warranties or guaramees, but such liability shall in no event include loss of pnfits or lass of ass,. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGM IN LEGAL TERMS. The Pardoner may make changes to legal corms by wdnrn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchoscar may make any changes 10 the terms, other than legal terms, including additions t. or deletions from toe ymnlicie, t rigindly Ordered in he specifications or drawings, by verbal or written change order. If any such ebnnge affects nhe... no, due or the time of performance hereunder an equitable iol cromem shall be made. 6. TERMINATIONS. The Purchaser may at my time by wnnen change order, terminate this agreement as to any or all Porticos of the goods then not shipped, subject to any equitable adjustmem between the panics as to any work or materials then in progress provided Nat the Purchaser shall not be liable for any claims for anticipated profis an the uncompleted portion of the goods amber work, for incidental or inconsequential damages, and that no such adjustment b, made in favor of the Seller with respect an any goads which art the Sellers st nd aN dock. No such ..,.,,an shad relies, the Purchaser or the Seller ofany oftiseh ibllprms as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ascend within thirty (30) days from the date the change or ermination is ordered. B. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rryuird to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a resull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor union consent of the interparty. 10. TITLE. The Seller warmers full, clear and mrestocmd title in Be Purchaser for all aquipmml, materials, and item famished in Performance of this agreement, flu and clear of any and all lions, restrictions, reservations, security interest encumbmnca and claims of others 11. NONWAIVER. Failtue of the Poi ndexter to home hom upon under m der perforame of the rams and conditions conditiohereof, failure or delay u exercise any rights at remedies pmvided herein or by law, fiblum to Promptly notify the Seller in the event of a branch, fix reacpmmc ofor paymentfur goods hereunder in approval ofthe design, shall Out mlcase the Seller of any of the memories or obligation of this purchase order and shall rot be deemed a waiver of any right of the purchaser to insist upon strict performance harmfor any of its rights or remedies as to any such goods, regardless of when shipped, received or ancepnd, as to any prior or subsequent default binown er, nor shall any postponed oral modification or rescission of this purchase order by the Purchaser opemte as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and he Purchaser recognize the, in acuml evermore practice, overchargeresulting from onniwst violations are in fact bums, by the Purchaser. Theretof re! for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state unionist laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchrour pursuant to this purchase order. 13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaer direns the Sell. no correc, nonconforming or defective good by a data a be agreed upon by the Purchaser and the Seller, and the Seller thereafter audience, its inability or unwillingness a comply, the Purchaser may muse Be work to be pert ed by ter, must expeditious mean available a it, and the Seller shall pay all casts associated win such work. The Seller shall release the Purchaser and its contractors of any tier fnm all liability and claims of any wtum resulting Sam the performance ofsuch work. This releaze shall apply wen in the even of fault of negligence of the party released and shall extend tome direcmrs, efcers and employees of such party. The Sellers contractual obligation, including warranty, shall not be devoted to be reduced, in any way, became such work is financed ar caused to be performed by the Pmrhus.. 14. PATENTS. Whenever the Seller is rryuired muse any design, device, material or process covered by leve5 parent, trademark or copyright, the Seller shall indemnify and save homilies the Purchaser from any and all claims for infringement by reason of the use 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 he obliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the command use of the goad, is in such suit hid a cmtstirute infnngerment and the use of said rquipment Or pan is joints, Ore Seller shall, at its own expme, and a, its option, either procure for the Purchaser the right to continue rein& said equipment or puss, replace rise come with substantially equal but noninfdnging equipment, or modify it an it becomes noninfdnging 13. INSOLVENCY. If he Seller shall became insolvent in baisrupr, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers progeny or basimen, this order may forthwith be canceled by the Purchaser with.., liability. 16. GOVERNING LAW. The definitions of corms used or the interpretation of the agreement and the rights of all parties hereunder shall be nnstmed under and governed by the laws of the State of Colorado. USA. The following Additional Condition apply only in views where due Seller is to perform work hereunder, including the services of Sellers Represcnmtive(s), on the premises of others. I]. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully completed end eceprd, and shall, in rase of any accident destruction or injury a the weak and/or naux als before Sellars final completion end acceptance, romplem the work at Sellers own eapcne and to the satisfaction of she Purchaser. When cre c,iak and equipment are Furnished by others for installation ar erection by the Seller, the Seller shall receive, unload, store and handle same at the sim and become respomible therefor as though such rnatedaLs andfr equipment were being fitmished by the Seller under One order. 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupetiorel disease benefits, to its employees employed on or in connection with the work coverts by this purchase order, anbm to their dependents in accordance with he laws of the site is which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public li unilily inmr c with bodily injury, and death limits of at lens, 5300000 for any one Fret-, $5110,000 go any one accidentandproperty damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his comments employers shall do any work upon the premises of others, the Seller shall famish the purchaser with a certificate that such compensation and in a have been provided. Such certificates shall specify the date when such compensation and insurance haw been provided. Such certificates shall specify the date when such compensation and inumme expires. The Seller agrees the such compensation and insurance shall be maintained until after the emire work is mmpleed aM accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The, Seller hereby assume One more responibilay and liability for any and all damage, loss or injury of any kind or acting wharwever m person or property mused by or resulting from the ancru an ofthe walk Provided for in this Franchise order or in coneecton herewith. The Seller will indemnify and Mid bamoless the pardoner and any or all of the Purchasers officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which rise Purchaser may No put or subject by reason of my set, action, neglect omission or default on, the part of line Seller, any of his contractors, or any of the Sellers or contractors, offers, agents or employees. In eau any suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Sella of my of his contractors or any of its or their officers. agents or employees n aforesaid, Ns, Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, accuracy, fees and other expenses, any and all judgments that may be incurred by or obtained against the purchaser or any of its or their ofcers, agents or employees in such arm or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Ruchaser, or said panics in or As a result ofsuch s ants Or other proceedings, the Seller will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and iosall all grounds, necessary, fur the prevention of accidents, comply with dl laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulatoos issnd pursuant Hereto. Revised 07n014