HomeMy WebLinkAbout132379 ENCORE UNIFORM & APPAREL - PURCHASE ORDER - 9150476Fort Collins
PURCHASE ORDER
Date: 01/21/2015
Vendor: 132379
ENCORE UNIFORM & APPAREL
1420 RIVERSIDE AVE SUITE 102
FORT COLLINS CO 80524
PO Number Page
9150476 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 FORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 01/20/2015 Buyer: WILSON, JILL
Note: "SUBJECT TO THE TERMS AND CONDITIONS OF BID 7590-TRANSFORT UNIFORM DIRECT PURCHASE
PROGRAM"
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket P.O.
Uniform 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@fcgov.com
1 LOT LS
25,000.00
Total $25,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By sumac the City of Fort Collins is exempt f stare and local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04503. Federal Excise Tax Exemption Cenificare, of Registry 04fi00058] is registered with me Collector of
Failure of the Purchaser to incur upon wrier performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Suim?es 1973. Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, f ilure to promptly notify the Seller in the event of a
breach, me acceptance of., payment for goods hereunder or approval ofine design, shall oat release the Sella of
Goods Rejected. GOODS REJECTED due to failure to men specificadom, either when shipped or due to defec%of
any of the warranties or obligations of Nis purchase order and sledI not b, deemed a waiver of any right of the
damage in bureau, maybe mourned to you fro credit and are not to be replaced except upon oxem, of women
pomhaur m insist upon strict performance fraenfor any of its rights wormer ies w to any such ought, regvdl.
inswctiore tram me City of Fun Collins.
of when shipped, received or accepted, as to any prim at subsequent default hereunder, wr shall any puryoned
od modification or scission of this purchase order by me Purchaser operate as a waiver of any arms, temp
Inspection. GOODS ere subject to the City of Ton Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on thc pan of the City of Fort Collins. However, it is to be understood der FINAL
Seller and the Parchment recognize that in actual ec mic practice, overcharges resulting from antics,
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact home by me purchaser. Therefrom, for goad cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser coy and all claims it may now have m hereafter
Freight To.,. Shipments mun be F.O.B., City of End Collins, 700 Wood St, port Collins, CO 80522, unless
acquired under federal or suite amirmst laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have di,mmilm, points in various pans of the a mmry, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are mode from grm,a dlwuner.
Permits. Seller shall prmure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, contractor and roles of the state, mwicipaliry, 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 further agrees to hold the City of Fort Collins harmless from and against all limiliry and lass
marmond by them by reason of an asserted or establishal violation of my such laws, regulations, ordinances, roles
and campro an%.
Autlromation. All pities W this contract agree that the representatives are, in fact. bow fide and possess full and
complee authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits occep. to the tram and conditions staid
such, sn fond and my supplementary or additional trans cod conditions aromed hereto or incorporated herein by
reference. Any additional or diffeeent tamer and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date or noted. Time is of me essence. Delivery and performance must be effected within the time
stated on the purchase order and the documem munfl d berets. No acts of the Purchasers including, without
limitation, acapmnce of Partial late deliveries, shall operate m a waiver of Nis provision In the incur army delay,
the Pandma shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as is om.h of delays
due to causes not nationality foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, 0ms, strikes, flood, epidemics, wars or
,in,s provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of the
time when the Seller fiat received knowledge thereof. In me event of any such delay, the date of del ivory shall be
extended for the period equal to the time wholly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goads, articles, material, and work covered by this order will comment with applicable
drawings, sperificatima, samples action, ome, desrnptinns given, will be fit for the purymes intended, and
performed with the highest degree of care and memser m in accordance with accepted standards Jim work of a
similar name. The Sella agrees to hold the purchaser harmless f coy Imss, damage or expense which the
Pmchvser may suffer or incm on account of me Sellers breach of warranty. The Sella shall replace, repair err make
good, without cost to the Formosa. any defects or faults coming within one (1) year in within such longer period of
time as may be Inesaibd by law in by flue ?citrus ofany applicable wamnty provided by the Seller after the date of
occurrence of the gods fsmuhed hoo der (acceptance not to be uvrmmrably delayed), resulting from inmerf t
or defective work done or mmcrms, f ishd by d, Sella. A.,quarce or tau of goods by the Pmcbaur shall not
constitute a waiva of any claim under this warranty. Except as otherwise provided in this purchase arch, the Sellers
liability herewda shall exmed?o all damages proximately rawal by the bench of any of the foregoing wmm tars
or guarantors, but such liability shall in no event include loss of profits or loss of toe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tams by wagon change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quanotice originally ordered in the specifications or drawings, by verbal or written change order If any such
change offer%the amount due or the timeefl,annoustre hereunder, an equitable adimstmad shot[ be made.
6. TERMINATIONS.
The Parchasor may at any time by wrinen change order, tencrinate this agreement as to any or all pa imm cruse
goods then not shipped, subject to my equitable adjustment between the parties m to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on de uncompleted
portion of the goads and/or work, for incidmul or consequential damages, and that an such adjustment be made in
favor of the Seller with respect to any goods which we, the Sellers sandard stock. No such termination shall relieve
me Purchaser or the Seller of my of their obligations as to any good delivered hereunder.
].CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be asserted within dirty (30) days room me date the change or mrmiw?ion is
wdere 1.
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and fumuhd in sorer
compliance with all applicable laws and regulations to which do, good are subject The Seller shall exam a and
deliver such documents as may be m3tdral to effect or evidence compliance. All laws and regulations rw]uhed to be
co mormui in agreements of this chairman art hereby incorporated herein by Nis reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all cos% and damages satTertd by the Purchaser as a result of the
Sellers failure ro comply with such law.
9. ASSIGNMENT.
Neither party shall assign, aeufer, or convey this order, or my monies due or to become due here u da without me
prior wrinm consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipmenl, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, macivationa, security interest
orcumbmmes and claims i fohers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If de Purchaser diruas the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Pmchmser and the Seller, and the Seller thereafter indicates its inability or unwillinmeas to comply, the Purchaser
may cause the work to be performed by the mast expeditious means available to it, and me Seller shall pay all
mats associated wins such work.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any mature
exulting ftum me perfotmantt ofauch work.
This release shall apply even in me event of fault of negligence of to patty released and shall mound go the
directors, officers cod employees of such pan,.
The Series contractual obligations, including warranty, shall not be dermal to be aducd, th any way, because
such work is performed or caused to be pmormd by the Prommer.
14. PATENTS.
W'henaer me Sella is rtquieed to use any design, devi c, material or process covered by loner, paten, bademark
or copyright, the Sella shall indemnify and save Formless the Purchaser from my and all claims for infringement
by reason of me use of such patmtd design, device, mmterial or process in connection with the comae, and
shall indemnify the Puchasa for any cost expense or damage which it maybe obliged W pay by roman of such
infringement at my time during the prosecution or after the anntplaiw of the work. In case said equipment, or
any pan Nermf or me intended use of the grads, is in such stair held to mmmmte inGngara nt cod the use of
said equipment or parr is enjoined, me Sella shall, in its own expense and at as option, either procure for the
Purchaser the right to continue using said equipment Or pans, replace the same with substantially equal but
comminuting equipment, or modify it so it becomes noninGtnging.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint e
receiver err trustee for any of the Sellers property or business, this order may forthwith be canceled by me
Purchaser without liability.
I& GOVERNING LAW.
The definitions of terms used or the incorporation ofhe agreement and me rights of all parties hereunder shall be
conswd under and governed by the laws of the Stare ofColomdo, USA.
The following Additional Conditions apply only in cues where me Sella is to perform work hereunder,
including me unites of Sellers Reprtsmtative(s), on the promises ofomers.
❑. SELLERS RESPONSIBILITY.
The Sella wall carry on said work a, Sellers own risk until the same is Billy completed and accepted, cod shall,
in case of any acme i, destruction or injury to the work anibor materials before Seller's final completion and
acceptame, complete the work to Sellers own expense and to the satisfaction of the Purchaser. When materials
ad equipment are f ilted by others for insullation or auction by the Sella, she Sella shall receive, mlorA
suite and handle same at the site and become responsible therefor u enough such materials anNor equipment
wait being furnished by me Sella under the order.
I& INSURANCE.
The Sella shall, at hh own expense, provide for the payment of workers compensation, including compational
disease benefits, to its employees employed on or in connection with the work mvered by this purchase order,
anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury unit deudr limits of e1 less, swit,mit for any one person, S500,kw for nny
one accident and pmpaty damage limit per accident of 5400,000. The Seller shall likewise require his
if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do coy work upon the premises of others, the Seller shall Smooth me Pmchma with a certificate
that such compensation and insurance have been provided. Such certificates shall specify me date when such
compensation and insurance have ban provided Such certificates shall specify the date when such Compensation
and insurance expis. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes de entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature whowever W persons or propmy caused by in resulting from me execution ofthee work provided for in
this purchase order in in cowamon herewith. no Sella will hrdertmify and hold harrvless me purchaser and any
r all of me Purchaarn officers, agents cod employees from and mainsr any and all claims, lasso, damages,
charges or expenses, whether direct or indirect, and whether to persons in property to which the Purehmser may
be put or subject by ratan of any act action, neglect, omission or default on the pan of the Sella, any of his
contmnors, or coy of the Sellers of contractors officers, agents or employers In case any suit or other
pr ocadings shall be brought sparred the Purchaser, or its officers, agents m employees at coy time on account or
by reason of any act, action, realist, omission or default of tlro Sella of any of his contractors or any of its or
Nei, officers, agents or employers as aforesaid, Ne Sella hereby agree or assume the defame thereof end to
deferad the same at she Sellers awn expense, to pay my and all ens%, charges, attomeys fees and other expenses,
coy and all judgments that may he incurred by or command against me Purchaser or my of its in their officers,
agents or employees in such suits or other proceedings, and in cove judgment or other lien be placed upon or
obtained against the property cribs Purchaser, or said Parties in or as a result of such suits or other proceedings,
me Seller will at ono cause the same to be dissolved and di od argil by giving bond c r otherwise. The Seller cod
his mnbactors shall take all safety precautions, famish and install all guards necessary for the prevention 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 regulations issued pursuant thereto.
Revised 07Q014