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HomeMy WebLinkAbout120791 COMMUNITY FOUNDATION OF NORTHERN COLORADO - PURCHASE ORDER - 9116898PURCHASE ORDER 911689er Page PO City Of 116898 1 of 2 ' `t Collins This number must appear ` 1 1�7 on all invoices, packing slips and labels. Date: 11/21/2011 Vendor: 120791 Ship To: CITY MANAGER COMMUNITY FOUNDATION OF NORTHERN CITY OF FORT COLLINS COLORADO 300 LAPORTE AVE 4745 WHEATON DR SUITE 100 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 11/18/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Homeward 2020 Initiative 1 LOT LS 25,000.00 Total $25,000.00 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tao exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excimi-fax Exemption Certificate of Registry R4-60110597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or rcmedics pmvidcd herein or by Inv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not mlcase the Sellerrof Goods Rejected. GOODS REJECTED due to failure to am specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit may be mounted to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such cocas, regardless instructions from the City of Fort Collins. of W hen shipped, received or accepted, as to any prior or subsequent default hcrcunder, nor shall any purported and moth fiention or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, wreiccs or equipment in msponac to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize Chat in actual economic practice overcharges resulting fount antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspecrion procedures. violations are in fact home by the Pumhaser. Theretofore. 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 herca0er Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO R0522, unless acquired under federal or state antitrust 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 most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufil have distributing points in various pans of the country, shipment is expected firm the nc rcoldistribution point to destination, and excess freight will be deducted from Invoice When shipments am made from greater distance. I Permits. Scllcr shall pmcurc at sellers mle cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, 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. Scllcr forther agmcu to hold the City of Fort Collins humorless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances rules and requirements. Authorization. All parties In this contract agree that the representatives are, in fact. bona Ede and possess full and complete authority to bind'said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemcnmry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temis and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents; attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a waiver ofthis prevision. In the event of any delay, the Purchaser 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 Setter shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligcncc, such acts of God, acts ofeivil or military authorities, governmental priorities, finis, strikes, flood, epidemics, wars or riots provided that notice of the conditions cateing such delay is given to the Pumhaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. I The Scllcr warrants that all goods, articles, materials and work covered by this order will conform With applicable drawings, specifications, samples and/or other description, 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 Seller agrees to hold the purchaser harmless from any loss, damage or expernc which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Scllcr shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) 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 Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or.matcrials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall citend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofirs or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. The Pumhaser may make changes to legal terms by written 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 quantities originally ordered in the specifications or drawings, by verbal or Written change order. If any such change affects the omnnnt'due or the time ofperforro nce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any Work or materials then in proetem provided that the Purchaser shut[ not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thin, (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Scllcr ...is that all goods sold hereunder shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall csecute and deliver such documents as may be required In effect or evidence compliance. All lases and regulations required to be incorporated in agreements of Ibis character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purehamr harmless fmm all costs and damages suffemd by the Purchaser as a result of the Sellers failure to comply With such law. 9. ASSIGNMENT. ! Neither party shall assign "Cudfcr, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. I 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 free and clear of any and all liens, restrictions, reservations security interest encumbrances end claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Scllcr to Cancer nonconfomting or defective goods by a date to be agreed upon by the Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he pMornied by the most expeditious means available to it, and the Scller shall pay all coats associmcd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomance of such work. This rcle we shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and cut ployecs of such party. The Seller's contmcual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter. patent, trademark or copyright, the Scllcr shall indemnify and save hart less the Purchaser from any and all claims for infringement by reason of the um of such patented design, device, material or pmcess in connection with the contract, and shall indcmnify the Pnrchawr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall, at its oven expense and at its option, tither procure for the Pumhaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it sa it becomes nomofringing. 15. INSOLVENCY. If the Scllcr shall become insolvent Or bankrupt, make an assignment for the benerit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Pumhaser without liability. 16. GOVERNING LAW. The definitions oftemvc used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases whir, the Seller is to perform work hcrcunder. including the wrviccs of Scllcrs Rcpresentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Setters own risk until the mine is fully completed and accepted, and shall. in close of any accident, destruction or injury, to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by abets for installation or erection by the Scller, the Scllcr shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Scllcrshall. at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the Work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done The Scllcr shall also carry cnmprchensivc general liability including, but not limited to, contractual and automobile public I iabi lily insunmee with bodily injury and death limit, of at Jeri, 5300,000 for any one permn, 5500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofmhers, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the dale when such eompenmtion and insurance expires. The Seller agrees than 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 the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting firm the execution ofthe Work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Pumhaser and any or all of the Purchasers officers, agents and employees from aad against any aad all claims, Iomcs. damages. charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglcet omission or default on the pan of the Scller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be bmught against the Purchaser, at its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Scllcr of any of his contractors or any of its or their officers. agents or employees as oforemid, the Scllcr hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty, of the Purchaser, or mid panics in or as a result of such suits or other proceedings. the Set let will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors 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 rates and regulations issued pursuant thereto. Revised 03/2010