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HomeMy WebLinkAbout103440 CARE-A-VAN / SAINT INC - PURCHASE ORDER - 9120666PURCHASE ORDER PO Number Page City of PURCHASE 9120666 , of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/01/2012 Vendor: 103440 CARE -A -VAN / SAINT INC 333 W DRAKE RD STE 42 FORT COLLINS Colorado 80526-2883 Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado•80524 Delivery Date: 01/31/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAI 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 Senior Transportation Services 2012 Blanket PO Through the Senior Alternative in Services January 1, 2012 - Decen 1 LOT LS Mation (SAINT) Program. 2012. 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 36,000.00 Total $36,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrims and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. GOT Exemption Number is 11. NONWAI VER. 98-0-1502. Federal Excisc Tos Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or dclov In Internal Revenue. Denver. Colorado (Ref. Colorado Revised Strait, 1973, Chapter 39-26, 114 (a). mcreiw any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the event Of a hrcoch, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defect of any of the warranties or Obligations of this purchase order and shall not he deemed a aniver of any right ofthe damage in transit, may he rcmmed to yen for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of it right or remedies as to any such goods, mgnrdlcss instructions from the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the lean., Inspection. GOODS am subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Rcccipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Houxver. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. Overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as comeideration for executing this purchase Order. the Seller herchy assigns to the Purchaser any and all claims it nmv now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St., Fen Collins, CO 80522. 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 required by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufactomrs have distributing points in various pans of the country, shipment is Iflhe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made point greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associmed with such work. Permits. Seller shall procure of sallem sale cost all necessary permits, certificates and licenses required by all applicable laws, regulrtiam, ordinances and roles 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. Seller further agrees to hold the City of Fen Collins harmless 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 rcgairemcnts. Anthorization. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tcmu 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 premised dclivcry date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchrss order and the document attached hereto. No acts of the Purehnwm including, without limitation, acceptance of panful late deliveries, shall operate as a waiver ofthis provision. In the event array 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 Hmvevm. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its ¢aonable emitted and without its fault ofnegligence, such acts ofGOd, acts ofcivil or military authorities, governmental pnorities fins. strikes Bad, epidemics. wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days Of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all gad, 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 manta, The Seller agrees to hold the purchaser harmless from anv loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of w'armmty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty, provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller, Acceptance or use of goods by the Purchaser shall not constitute ,,river ofany claim under this enormity. Except as othenise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing uarmntics or guarantees, but such liability shall in no event include loss ofpmfits or loss arose. 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 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 t'rom the quantities originally ordered in the specifications or drawings, by verbal or wtincn change order. If any sash change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Porchascr may at any time by written change order, terminate this agreement as to any or all prefers of the gad then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgm s provided that the Porchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in furor ofthe Sella with respect to any gad which arc the Scllcrs standard stock. No such temmimtion shall relieve the Purchascror the Seller array of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be amered eilhin thin (30) days front the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the gad arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance, All laws and regulations rcquinal to be incorporated in agm:ement of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hnmdess form all cat and damages suffered by the Purchaser is a result ofthe Scllcrs foilum to comply with such Inv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Omer, or any monies due or to become due hereunder without the poor written consent ofthe other party. 10. TITLE. The Seller wanant full, clear and unrestricted tine 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 sad claims of others. The Seller shall release the Porchascr and its contractors of any tier from all liability and claims of any nature resulting front the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors, oI i,cu; and cmployces ofsash party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to ose any design, device, material or pmccss covered by lariat. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by rennin 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 be obliged to pay by reason of such in Gtngcmcnt at any time during the prosecution or alter the completion ofthe work. In case said equipment, or any part thereof or the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its our expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The derinitions oftamw used or the interpretation ofthe agreement and the rights of all parties hercundcr shall be construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perione work hereunder, including the services of Scllcrs Reprcsemative(s), on the premises of Others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the smnw is fully complcted and accepted, and shall, in case ofany 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 ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller 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 Seller under. the order. 19. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including Occupational disease bcnefils, 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 he done. The Seller shall also carry comprehensive general Imbilim including, but Or limited to, contractual and rutomnbile public liability insurance with bodily injury and death limits of at (cast S300,000 for any one pc ease. 5500,000 for any one accident and pmperty 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 ofthe Sellers or his contractors employees shall do any ward: upon the premises ofmhers, the Scllcr shall fumish the Porchascr with a ecnific itc that such compensation and insurance have been provided. Such cenificatcs shall specify the date when such compensation and insurance have been provided. Such cenificatcs shall .specify the date when such compensation and inximea a expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for nny and all damage. loss or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the execution ofthe work provided for in this purchase odcror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and cmployces from and against any and ,It claims. Imscs, damages. charges or expenses. whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or suhicct by reason of any act action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contactors affects, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its officers, agents or cmployces at any time on account or by reason ofany act, action, neglect, omission or default of the Scllcr ofany of his contractors or any of its Or Ihcir officers, agents or employees as aforesaid, the Seller hereby agrccs to assume the defense thereof and to defend the same at the Sellers 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 OpOn or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other pmcccdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or Otherwise. The Scllcr and his contractors shall take all safely precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes 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 03/2010